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MLP2002-00002 � � t ! NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00002 CITYOFTIGARD ERVIN/STARK MINOR LAND PARTITION Commuraty�Development S�iapingA BetterCommumty 120 DAYS = 7/30/2002 SECTION I APPLICATION SUMMARY FILE NAME ERVINISTARK MINOR LAND PARTITION CASE NOS Minor Land Partition (MLP) MLP2002-00002 Water Resources Overlay Review (SLR) �r,or REQU�REO� SLR2002-00005 PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels finro and three will be developed with single-famdy residences, and Tract A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area APPLICANT John Stark PO Box 23215 Portland, OR 97281 OWNERS Kim Ervin and John Stark PO Box 23215 Portland, OR 97281 LOCATION The pro�ect is located at 11385 SW Fonner Street WCTM 2S103AC, tax lot 00900 and 01200 COMP PLAN DESIGNATION Low-Density Residential ZONE City of Tigard R-4 5 zoning district The R-4 5 zoning district is designed to accommodate detached single-famdy homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 765, 18 775, 18 790, 18 795, 18 797 and 18 810 SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the decision is based are noted in Section VI MLP2002-00002 ERVIWSTARK PARTITION PAGE 1 OF 17 \ � \ t r � CONDITIONS OF APPROVAL � THE FOLLOWING CONDITIONS SHALL BE SATtSFIED , �`w�� � , � PRIOR TO APPROVAL OF THE FINAL PLAT� � 5 � n � �z � u mit t e o owing o e anning ivision ra i y , x or rev�ew an approval 1 Prior to final plat approval, the applicant shall provide a landscape plan for the 5-foot landscape buffer that is proposed along the private access 2 Prior to final plat approval, the applicant shall provide the City with a letter from the Tualatin Valley Fire and Rescue Distnct mdicating that the pro�ect will not have a detrimental effect on fire fighting capabilities and that hydrants are provided where needed 3 Prior to final plat approval, the applicant must provide a street tree plan The street tree pian must provide street trees alon fhe frontage of SW Fonner Street and the Private Access as required in Section 18 745 040(�) 4 The applicant shall place a note on the face of the plat or record CC&R's that assign the maintenance of the open space tract to parcel 3 Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval 5 A Public Facdity Improvement (PFI)�ermit is required for this pro�ect to cover the sanitary sewer taps and any other work in the pub ic right-of-way Six (6) sets of detaded public improvement plans shall be submitted for review to the Engineermg Department NOTE these plans are in addition to any drawings required by the Building Division and should only mclude sheets relevant to public improvements Public Facdity Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) 6 The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who wdl be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state withm which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engineenng Department wdl delay processing of pro�ect documents 7 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $60 00 (STAFF CONTACT Shirley Treat, Engineering) 8 The applicant shall enter mto a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Fonner Street ad�acent to the sub�ect property, when any of the following events occur A when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District, B when the improvements are part of a larger proJect to be financed or paid for m whole or m part by the City or other public agency, C when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D � when construction of the improvements is deemed to be appropriate by the C�ty Engineer in conJunction with construction of improvements by others ad�acent to the sub�ect site 9 The applicant shall cause a statement to be placed on the final plat to mdicate that the proposed �oint private driveway wdl be �omtly maintamed by the pnvate property owners who abut and take access from it MLP2002-00002 ERVIWSTARK PARTITION PAGE 2 OF 17 10 The applicant shall either place the existing overhead utdity lines along SW Fonner Street underground as a part of this pro�ect, or they shall pay the fee m-lieu of undergrounding The fee shall be calculated by the fronta�e of the site that is parallel to the utdity lines and will be $27 50 per lineal foot If the fee option is chosen, the amount wdl be $2,750 00 and it shall be paid pnor to approval of the final plat 11 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Citjr's global posifloning system (GPS) geodetic control network These monuments shail be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie nefinrorked to the City's GPS survey . By random traverse using conventional surveying methods 12 Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check m the amount of the current final plat review fee (Contact Planning/En�ineenng Permit Technicians, at (503)639-4171, ext 426) C The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard D The right-of-way dedication for SW Fonner Street, at 25 feet from the centerline, shall be made on the final plat E NOTE Washmgton County wdl not begin their review of the final plat until they receive notice from the Engineermg Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor F After the City and County have reviewed the finaf plat, submit finro mylar copies of the final plat for City Engmeer si�nature (for partitions), or City Engineer and Community Development Director signa ures (for subdivisions) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit t e o owing o t e anning ivision ra i y , x or review an approval 13 Prior to the issuance of any budding permits, the applicant shall provide the City with confirmation from Clean Water Services that the applicant has complied with the Service Provider Letter #1254, dated July 27, 2001 14 Should any of the trees on site be damaged or removed during site preparation or development of the lot, or the installation of the drainage pipe, the applicant shall immediately notify the City to discuss protection measures and mitigation if necessary 15 Prior to the issuance of buildin� permits, the applicant shall either tnm the large rhododendron to three feet, or relocate it so tha it is out of the clear vision triangle as required by TDC Chapter 18 795 16 At the time of submittal for building permits for individual homes withm the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified m Title 18, wdl be provided on-site for each new home Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval 17 Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat MLP2002-00002 ERVIWSTARK PARTITION PAGE 3 OF 17 18 Prior to issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard ,, water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) � THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION � SECTION III BACKGROUND INFORMATION Vicinit Information A sing e-famdy residence currently occupies the site The surrounding neighborhood is also single-family residences with a lot of opportunity for in-fill development similar to this proposal Pro ert His�tor� , A Lot Line Ad�ustment was approved for the property in 2001 No other records were found Site Information and Proposal Description The applicant is seeking approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existmg home on site, parcels two and three wdl be developed with smgle-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area SECTION IV NEIGHBORHOOD COMMENTS All neighbors within 500 feet of the proposal were given the opportunity to comment on the proposal No comments were received SECTION V SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria m this case m the Chapter order in which they are addressed in this decision are as follows A Land Partitions 18 420 (Land Partitions) B Zoning Districts 18 510 (Residential Zoning Districts) C Specific Development Standards 18 705 Access, Egress & Circulation) 18 715 Density Computations) 18 725 Environmental Performance Standards) 18 765 Off-Street Parkmg and Loading Requirements) 18 775 Sensitive Lands) 18 790 Tree Removal) 18 795 isual Clearance) 18 390 Impact Study Section 18 390 040) D Street and Utility Improvement Standards 18 810 (Street and Utility Improvement Standards) The proposal contains no elements related to the provisions of Code Chapters 18 720 (Design Compatibdity), 18 730 (Exceptions to Development Sfandards), 18 742 (Home Occupations), 18 745 (Landscaping and Screening 18 750 Manufactured/Mobile Home Regu(ations), 18 755 (Mixed Solid Waste & Recyclable Storage3, 18 760 �Nonconforming Situations), 18 780 (Signs), 18 785 (Temporary Uses), and 18 798 (Wireless Communication Facilities) These Chapters are, therefore, found to be inapplicable as approval standards MLP2002-00002 ERVIWSTARK PARTITION PAGE 4 OF 17 i � ` SECTION VI APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION LAND PARTITIONS CHAPTER 18 420 Future re-division Section 18 420 020 D When partitioning tracts into large parcels, the director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of the zoning district and this title The proposal is for a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels two and three wdl be developed with smgle-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area This cnteria is satisfied Approval Criteria Section 18 420 050 The proposed partition complies with all statutory and ordinance requirements and regulations, The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this admmistrative decision and by this application and review process through compliance with the conditions of approval Therefore, this criterion is met There are adequate public facilities available to serve the proposal, Public facdities are discussed in detad later in this decision Based on the analysis provided herein, staff finds that adequate public facilities are available to serve the proposal Therefore this cntenon is met All proposed improvements meet City and applicable agency standards, and The public facilities and proposed improvements are discussed and conditioned later m this decision Improvements wdl be reviewed as part of the permit process and durmg construction, at which time the appropriate review authority, will msure that City and applicable agency standards are met Based on the analysis m this decision, this criterion is met All proposed lots conform to the specific requirements below The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning d�strict The minimum lot width requirement in the R-4 5 zoning district is 50 feet The widths of the newly created lots are proposed to be as follows Lot#1- 100 feet wide, Lot#2 - 80 feet wide, Lot#3- 108 feet wide, and Tract A - 122 feet wide All three lots wdl exceed the minimum lot width standard of 50 feet Therefore, this critenon is met The lot area shall be as required by the appl�cable zoning district In the case of a flag lot, the accessway may not be included in the lot area The mmimum lot area requirement in the R-4 5 zoning distnct is 7,500 square feet for single-famdy residences The proposed lots exceed the mmimum lot sizes of the zone There are no flag lots associated with this proposal Therefore, this critenon is met Each lot created through the partition process shall front a public nght-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement MLP2002-00002 ERVIWSTARK PARTITION PAGE 5 OF 17 Lot 1 has 100 15 feet of frontage on SW Fonner Street, Lots 2 and 3 are served by a 25-foot-wide access easement Tract A is being set-aside as an environmental sensitive tract This standard has been met Setbacks shall be as required by the applicable zoning district There is already one, single-famdy residence on Lot 1 that has a �arage within a foot of the existing property line The applicant is not requesting a variance or seeking to expand the structure If the structure were to be expanded, it would be required to meet the five-foot side yard setback Future development on Lots 2 and 3 wdl be sub�ect to all setback requirements at the time of development Tract A is not buddable This standard has been met When the partitioned lot is a flag lot, the developer may determine the location of the front yard, prov�ded that no side yard is less than 10 feet Structures shall generally be located so as to maximize separation from ex�sting structures None of the proposed lots fit the definition of flag lot Therefore, this standard is met A screen shall be provided along the property Ime of a lot of record where the paved dnve in an accessway is located within ten feet of an abutting lot in accordance with Secfions 18 745 040 Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The access for Lots 2 and 3 is located within ten feet of an abutting lot, and the applicant has proposed to place a 5-foot buffer along the access This critenon is not satisfied FINDING The applicant has indicated a 5-foot landscape buffer along the private access, but has not provided a plan for staff to ensure that the landscaping will meet the screening requirements CONDITION Prior to final plat approval, the applicant shall provide a landscape plan for the 5-foot landscape buffer that is proposed along the pnvate access The fire district may require the installation of a fire hydrant where the length of an accessway would have detrimental effect on fire-fighting capabilit�es The Fire District has provided comments that state that a mmimum of one fire hydrant will be required for this development There are additional requirements in the agency comments listed later in this report that must be met pnor to construction This standard has not been satisfied FINDING As proposed, the proJect does not meet the requirements of the Tualatin Valley Fire and Rescue CONDITION Prior to final plat approval, the applicant shall provide the City with a letter from the Tualatin Valley Fire and Rescue District indicating that the proJect wdi not have a detrimental effect on fire fighting capabdities and that hydrants are provided where needed Where a common drive is to be provided to serve more than one lot, a reciprocal easement wh�ch will ensure access and maintenance nghts shali be recorded with the approved partition map A 25-foot access is being recorded with this plat as an easement to the back finro lots and Tract A This standard is satisfied Any accessway shall comply with the standards set forth in Chapter 18 705, Access, Egress, and Circulation As discussed later in this analysis, the proposal wdl comply or be conditioned to comply with the Access, Egress, and Circulation standards This criterion is satisfied MLP2002-00002 ERVIN/STARK PARTITION PAGE 6 OF 17 Where landfill and/or development is allowed within or ad�acent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway ad�oining and within the floodplain This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan There is no one-hundred-year floodplain associated with this site Therefore, this critenon is not applicable An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18 370, Variances and Ad�ustments The applications for the partition and variance(s)/ad�ustment(s) will be processed concurrently No variances or ad�ustments are requested or required with this application Therefore, this standard is not applicable Residential ZoninQ Districts 18 510 Development standards in residential zoning districts are contained in Table 18 510 2 below TABLE 18 510 2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES ' �- STANDARD x �` � R-4 5� ' -� `� PROPOSED � a � 6 f k � F�yr � � 1� ,..`°� �' ' �t Minimum Lot Size -Detached unit 7,500 sq ft 14 554/7998, and 10 796 sq ft -Duplexes 10,000 sq ft -Attached unit 1 Average Minimum Lot Width -Detached umt lots 50 ft 10015,80,and 108 feet -Duplex lots 90 ft -Attached unit lots Maximum Lot Covera e - - Min�mum Setbacks -Front yard 20 ft Applied at the time of buddmg permit -Side facmg street on corner 8 through lots 15 ft -Side yard 5 ft -Rear yard 15 ft -Side or rear yard abutting more restrictive zoning district -D�stance between ro e line and front of ara e 20 ft Maximum Hei ht 30 ft unknown Mmimum Landsca e Re uirement - - [1j Single-famdy attached residential unds permitted at one dwelling per lot with no more that five attached urnts in one grouping [2]Lot Coverdge inCludes all bmldmgs and�mpervious surfaces. A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes meet this standard, however, the site size wdl be confirmed by survey pnor to final plat approval Development standards will apply to all future development of the sites Section 18 705 Access, Egress, and Circulation Access, Egress and Circulation is partially addressed under Chapter 18 420 m this decision In addition, the following provisions are applicable Public street access All vehicular access and egress as required �n Sections 18 705 030H and 18 705 030 I shall connect directly with a public or pnvate street approved by the City for public use and shall be maintained at the required standards on a continuous basis Lots finro and three are served by a 25-foot access that will paved and connect directly to Fonner Street Lot one has access directly to SW Fonner Street The applicants' plans indicate that this standard wdl be met MLP2002-00002 ERVIN/STARK PARTITION PAGE 7 OF 17 Curb cuts Curb cuts shall be in accordance with Section 18 810 030N Minimum access requirements for residential use Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following a A circular paved surFace having a m�nimum turn radius measured from center po�nt to outside ec�ge of 35 feet, b A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet, c The maximum cross slope of a required turnaround is 5% The private access is greater than 150 feet in length, and the applicant has proposed a hammerhead that meets the design requirements as required, therefore, this standard is satisfied Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling m opposite directions meet on driveways in excess of 200 feet in length, There are no driveways associated with this pro�ect that are greater than 200 feet in length, and the access is 25-foot-wide This criterion is satisfied Where permitted, mmimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site The lots wdl all have access off of SW Fonner Street, which is classified as a neighborhood route by the City of Tigard This criteria has been satisfied DENSITY COMPUTATIONS CHAPTER 18 715 18 715 020 Density Calculation Definition of net develo ment area Net development area, in acres, shall be determined by subtracting the ollow�ng land area s) from the gross acres, which is all of the land �ncluded in the legal descr�ption of the property to be developed 1 All sensitive land areas a Land within the 100-year floodplain, b Land or slopes exceeding 25%, c Drainage ways, and d Wetlands 2 All land dedicated to the public for park purposes, 3 All land dedicated for public rights-of-way When actual information is not available, the foliowing formulas may be used � a Single-family development allocate 20% of gross acreage, b Multi-family development allocate 15% of gross acreage 4 All land proposed for private streets, and 5 A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the s�te 1 15 acres x 43,560 square feet= 50,094 Sensitive Areas Tract - 16,231 Existin Home - 14,554 Ri ht o�Wa - 1001 5 Net Deve opable Area 18,307 5 Square Feet MLP2002-00002 ERVIWSTARK PARTITION PAGE 8 OF 17 B Calculatin maximum number of residential units To calculate the maximum number of residentia units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning distnct The maximum number of residential units that would be available to the site is 2 The proposal calls for 2 residential units This standard has been satisfied C Calculatinq minimum number of residential units As required by Section 18 510 040, the minimum number of residential units per net acre shall be calculated b mult�plying the maximum number of units determined in Subsection B above by 80% (0 8� The minimum number of residential units that the new lot can accommodate is 1 represented as 80% of the maximum This standard has been satisfied ENVIRONMENTAL PERFORMANCE STANDARDS CHAPTER 18 725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard Section 18 725 030 Performance Standards regulates Noise, v�sible emissions, vibration and odors Noise For the pur�poses of noise regulation, the provisions of Sections 7 41 130 through 7 40 210 of the Tigard Municipal Code shall apply Visible Emissions Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or actrvity which results in a stack or other point-source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a prope� line Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 3 0-28-070) apply Vibration No vibration other than that caused by highway vehicles, trains and aircraft is Permitted in any grven zoning district which is discernible without instruments at the property ne of the use concerned Odors The emissions of odorous gases or other matter in such quantities as to be readily detectable at an point beyond the property line of the use creating the odors �s prohibited DEQ rules for odors (�340-028-090) apply Glare and heat No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be perm�tted, and, 1) there shall be no em�ssion or transmission of heat or heated air which is discernible at the lot line of the source, and 2) these regulations shall not apply to signs or floodlights in parkm� areas or construction equipment at the time of construct�on or excavation work otherw�se permitted by this t�tle Insects and rodents All materials including wastes shall be stored and all grounds shall be mainta�ned in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard FINDING As this is a typical detached single-family pro�ect, which is a permitted use in the R-4 5 zone, none of the environmental condifions that have been listed above wdl be compromised beyond allowable levels The above performance standards are met These standards would be sub�ect to code enforcement mvestigation if for some reason the above standards were in question LANDSCAPING AND SCREENING CHAPTER 18 745 Street trees Section 18 745 040 Section 18 745 040 A All development pro�ects fronting on a publ�c street, prrvate street or a private driveway more than 100 feet m length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Sect�on 18 745 040C There are no street trees proposed This critenon has not been satisfied MLP2002-00002 ERVI WSTARK PARTITION PAGE 9 OF 17 FINDING The application does not provide for street trees as required by the TDC Section 18 745 040 CONDITION Prior to final plat approval, the applicant must provide a street tree plan The street tree plan must provide street trees alon the frontage of SW Fonner Street and the Private Access as required in Section 18 74� 040(C) OFF-STREET PARKING AND LOADING REQUIREMENTS CHAPTER 18 765 This Chapter is applicable for development pro�ects when there �s new construction, expansion of existing use, or chan�e of use in accordance with Section 18 765 070 Minimum and Maximum Off-Street Parking Requirements The proposed proJect will create 2 new lots for smgle-famdy dwellings Submittals of detaded plans for the construction of homes within the development are not necessary at this time Table 18 765 2 requires that one (1) off-street parking space be provided per detacf�ed dwelling unit There is no maximum limit on parking allowed for detached smgle-famdy dwellings There is also no bicycle parking requirement for smgle-famdy dwellings Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones To ensure that homes constructed in this development comply with these standards, the followmg condition shall apply CONDITION At the time of submittal for budding permits for individual homes within the development, the developer shall submit materials demonstratmg that one (1) off-street parkmg space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home SENSITIVE LANDS CHAPTER 18 775 B Sensitive lands ermits issued b the Director 1 The Director shall have the aut ority to issue a sensitive lands permit �n the following areas by means of a Type II procedure, as governed �n Section 18 390 040, using approval criteria contained in Section 18 775 070 C-E a Drainageways, b Slopes that are 25% or greater or unstable ground, and c Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland Map 2 Sensitive lands perm�ts shall be required for the areas in Section 18 775 020 D1 above when any of the following circumstances apply a Ground disturbance(s) or land form alterations involving more than 50 cub�c yards of material, b ReQair, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction, c Residential and non-residential structures intended for human habitation, and d Accessory structures which are greater than 528 square feet in size, outside floodway areas The origmal proposal involved placing a drainage pipe withm the buffer area of the mmor stream that is located on the north end of the site The applicant has provided a natural resource assessment to address the necessary techniques and mitigation measures that would be used so that the integrity of the buffer would not be compromised Smce the original proposal, the applicant has revised his pfans such that the pipe wdl no longer encroach into the buffer area The applicant has also set aside the buffer area as a tract and has indicated that parcel 3 would be responsible for the maintenance of the tract Therefore, the sensitive lands review and water resources overlay review is no longer necessary The applicant should note that any work withm the buffer area will require approval from the US Army Corps of Engineers and the Oregon Division of State Lands FINDING The applicant has mdicated that parcel 3 would be responsible for the maintenance of the open space tract at the north end of the site MLP2002-00002 ERVI WSTARK PARTITION PAGE 10 OF 17 CONDITIONS . The applicant shall place a note on the face of the plat or record CC&R's that assign the maintenance of the open space tract to Parcel 3 . Prior to the issuance of any budding permits, the applicant shall provide the City with confirmation from Clean Water Services that the applicant has complied witfi the Service Provider Letter#1254, dated July 27, 2001 TREE REMOVAL CHAPTER 18 790 Tree Plan Requirement Section 18 790 030 Tree plan required A tree plan for the planting, removal and protection of trees prepared by a certi if ed arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed Protection �s preferred over removal wherever possible The applicant has indicated that none of the trees would be removed during construction There are no trees on proposed Lot 2 and 3 that wdl be required to be removed to accommodate construction The applicant has provided an arborist's report and natural resource assessment that indicates the buffer area and all tF�e trees are m good shape and as indicated m the previous discussion there are no immediate plans to do any work that would impact the buffer or the trees FINDING Although there are no trees proposed for removal, there is a possibility that trees could be affected dunng the installation of the drainage pipe Therefore, the following condition shall apply CONDITION Should any of the trees on site be damaged or removed during site preparation or development of the lot, or the installation of the drainage pipe, the applicant shall immediately notify the City to discuss protection measures and mitigation if necessary VISUAL CLEARANCE AREAS CHAPTER 18 795 Visual Clearance Requirements Section 18 795 030 At corners Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property ad�acent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street Obstructions prohibited A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction �except for an occasional utility pole or tree), exceeding three feet in height, measured from the op of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed Additional to o ra hical constraints Where the crest of a hill or vertical curve conditions contr�bute to the o struction o clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area Computations Section 18 795 040 Non-arterial streets Non-artenal streets 24 feet or more in width At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or drrveways is 24 feet or more in width, a visual clearance area shall be a trian�le formed by the right-of-way or property lines along such lots and a straight line �oining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines See Figure 18 7951 MLP2002-00002 ERVIN/STARK PARTITION PAGE 11 OF 17 r FIGURE 18 7951 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS ��F ��� � "��Y � � � 3�� � �` � i �` 30' -Ltv�Yi ' go� 30� —— �� � �' —— ��� Y ��.t The applicant has not identified visual clearance areas on the site, but staff has visited the site and observed a large Rhododendron located m the southwest corner of lot one that appears to be located withm the vision clearance triangle FINDING A large rhododendron impedes the visual clearance area where the private access meets SW Fonner Street CONDITION Prior to the issuance of budding permits, the applicant shall either trim the large rhododendron to three feet, or relocate it so that it is out of the clear vision tnangle as required by TDC Chapter 18 795 D IMPACT STUDY Section 18 390 040 B e Req�uires that the applicant shall include an impact study The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the no�se impacts of the development For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users In situations where the Community Development Code requires the dedication of real propert� interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requ�rement is not roughly proportional to the pro�ected �mpacts of the development Section 18 810 030 A 1 states that streets within a develo ment and streets ad�acent shall be improved in accordance with the Tigard Development Code (TDC�standards The applicant has proposed to dedicate 10 feet along SW Fonner Street Since development can onl occur when a lot has access to an improved street, the applicant is required to enter into a future s�reet improvements agreement Thus, the applicant has concurred with the dedication and improvements within his application Therefore, all im acts related to the transportation system have been miti ated within the pro osal, and no other dedications are necessary All other impacts have been addressed elsewhere m this decision This criterion has been satisfied Street And Utility Improvements Standards (Section 18 810� Cha�ter 18 810 Provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage The applicable standards are addressed below Streets MLP2002-00002 ERVIN/STARK PARTITION PAGE 12 OF 17 Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030(E) requires a neighborhood route street to have a 50-foot right-of-way width and a 32-foot paved section Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees This site lies ad�acent to SW Fonner Street, which is classified as a neighborhood route on the City of Tigard Transportation Plan Map, as modified by the recently adopted Transportation System Plan (TSP) A� present, there is approximately 20 feet of ROW north of the centerline, according to the most recent tax assessor's map The applicant should dedicate additional ROW to provide a minimum of 25 feet from the centerline The applicant's plan shows that they are prepared to dedicate up to 30 feet from the centerline, as the classification for Fonner Street, pnor to the adoption of the TSP, was minor collector Now that the classification has changed, the ROW dedication requirement is less SW Fonner Street is currently paved but not fully improved to City standards TMC 18 810 030(A)(1) states that streets within a develo ment and streets ad1acent shall be improved in accordance with City standards However, 18 810 030�A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associa{ed with the pro�ect does not, by itsetf, provide a significant improvement to the street safety or capacity Although this development wdl mcrementally increase the amount of traffic on the roadway, the increase wdl not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, wdl not significantly improve the safety or capaaty of the street In addition, 18 810 030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition wdl not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter mto an agreement with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried out by the City, a third party, or through a local improvement distnct This agreement must be executed prior to approval of the finaf plat Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entenng mto the future improvement agreement for Fonner Street, the applicant will satisfy this requirement Sanitary Sewers Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains �n accordance with the provisions set forth in Design and Construct�on Standards for Sanitary and Surface Water Management (as adopted by Clean Water Serv�ces in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include cons�deration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-mch public sewer Ime located m Fonner Street that has sufficient capacity to serve this development The applicanYs plans shows that they wdl extend two service laterals into fhe site to serve the three parcels Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provisions for storm water and flood water runoff MLP2002-00002 ERVIWSTARK PARTITION PAGE 13 OF 17 Accommodation of U pstream Drainage Section 18 810 100 C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or oufside the development The City Engineer shall approve the necessary s�ze of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and inciuding any future revisions or amendments) There are no upstream public dramageways that impact the proposed parcels Effect on Downstream Drainage Section 18 810100 D states that where it is ant�cipated by the City Engineer that the additional runoff resulting from the development will overioad an exist�ng draina�e facility, the D�rector and Engineer shall withhold approval of the development until provisions have been made for �mprovement of the potential condition or until provisions have been made for storage of additional runoff caused by the development �n accordance with the Design and Construction Standards for Sanitary and SurFace Water Management (as adopted by Clean Water Serv�ces in 2000 and including any future revis�ons or amendments) In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan Section V of that plan includes a recommendation that local govemments mstitute a sformwater detention/effective impervious area reduction prog ram resultmg in no net mcrease in storm peak flows up to the 25-year event The City wdl require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff will be permitted to discharge without detention There is a drainageway adJacent to the north (downhill) side of the property where dramage from this development coufd be directed Onsite detention is not required for minor developments such as residential land partitions Staff has talked with the applicant about how they could discharge their storm water to this area without disturbing the sensitive area corridor, and thereby avoiding the need for a Sensitive Lands review The applicanf stated that they would have their engineer analyze a method of discharge that uses an infiltration trench placed along the edge of the sensitive area boundary The trench should be placed at a level grade and allow water to percolate mto the sod During the winter months, should the trench capacity be exceeded, the water could simply overflow the trench and gently sheet flow down mto the sensitive area This method, if designed properly, should function well and avoid erosion of the bank Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810 110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way Fonner Street is not classified as a bike facility Therefore, no bike lanes are required Cost of Construction Sect�on 18 810 110 B states that development perm�ts issued for planned unit developments, conditional use permits, subdiv�sions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements N/A Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Mirnmum width for two-way bikeways separated from the road is eight feet N/A MLP2002-00002 ERVIWSTARK PARTITION PAGE 14 OF 17 Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electric, communicat�on, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surFace mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and . The developer shall make all necessary arrangements with the serving utility to provide the underground services, . The City reserves the right to approve location of all surface mounted facilities, . All uncferground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surFacing of the streets, and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made Exception to Under-Grounding Requirement Section 18 810 120 C states that a developer shall pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a street where existing utilities which are not underg round will serve the development and the ap roval authority determines that the cost and technical difficulty of under-g roundmg the utiPties outweighs the benefit of under-grounding in con�unction with the deveropment The determination shall be on a case-by-case basis The most commoni but not the only, such situation is a short frontage development for which under-grounding would resutt in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding There are existing overhead utility lines along the frontage of SW Fonner Street If the fee in-lieu is proposed, it is equal to $27 50 per lineal foot of street frontage that contams the overhead lines The frontage along this site is 100 Imeal feet, therefore the fee would be $2,750 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System This site will be served by the City's public main line in Fonner Street The applicant wdl need to coordmate with the City with respect to the new water services Storm Water Qualitv T e City as agreed to enforce Surface Water Management (SWM) regulations establ�shed by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No 00-7) which require the construction of on-site water quality facilit�es The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keep�ng the facility maintained through the year The CWS standards include a provision that Would exclude small pro�ects such as residential land partitions It would be impractical to require an on-site water quality facdity to accommodate treatment of the storm water from Parcels 2 and 3 Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu on this application Address Ass� nments The City o Tigar is responsible for assignmg addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of $30 00 per address shall be assessed This fee shall be paid to the City pnor to approval of the final plat For this pro�ect, the addressmg fee will be $60 to cover the new addresses for Parcels 2 and 3 MLP2002-00002 ERVIWSTARK PARTITION PAGE 15 OF 17 Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)1 on two monuments with a tie to the City's global positionmg system (GPS) geodetic control network `rhese monuments shall be on the same line and shall be of fhe same precision as required for the subdivision plat boundary Along with the coordmates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods In addition, the appIicanYs as-built drawmgs shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91� SECTION VII OTHER STAFF COMMENTS City of Tigard Police Department indicated the followmg . Would like to see an address monument at the foot of the private access easement for identifying the residences at the end of the access City of Tigard Water Department has offered the following comment . No ob�ections—water service wdl be installed once meters have been purchased City of Tigard Operat�ons Department mdicated the followmg . No Comment City of Tigard Building Division reviewed the proposal and provided the following comment . Access shall be m compliance with the Uniform Fire Code Permits will be required for all utilities m easements that are pnvate SECTION VIII AGENCY COMMENTS Clean Water Services was notified and provided comments that have been addressed m part by the City's Development Review Engmeer (Bnan Rager) The applicant is required to abide by the Service Provider letter#1254, dated July 27, 2001 Tualatin Valley Fire & Rescue provided the followmg comments . A minimum of 1 fire hydrant shall be provided for this development The hydrant shall be installed so that no part of any new structure is more than 500 feet from a fire hydrant (UFC 903 4) . Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be mstalled on both sides of the roadway and in tumarounds as needed Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and m tumarounds as needed Where fire apparatus roadways are 32 feet wide or more, parkmg is not restricted (UFC Sec 902 2 4) . The access easement shall be designated as a fire lane and no parking wdl be allowed No Parking signs shall be designed and mstalled to City of Tigard standards . Public streets shall have a maximum grade of 15% Private fire apparatus access roadway grades shall not exceed an average grade of 10% with a maximum grade of 15% for len�ths of no more than 200 feet Intersecfions and tumarounds shall be level (maximum 5%) with the exception of crowning for water run-off (UFC Sec 902 2 2 6) MLP2002-00002 ERVIN/STARK PARTITION PAGE 16 OF 17 � . The minimum avadable fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute Fire flow documentation shall be provided lf the structure(s) is (are) 3,600 square feet or larg er, the required fire flow shall be determined according to UFC Appendix Table A-lll-A- 1 (UFC Rppendix III-A, Sec 5) . Approved fire apparatus access roadways and firefighting water supplies shail be installed and operational prior to stockpdmg combustibles on-sife or the commencement of combustible construction (UFC Sec 8704) SECTION IX PROCEDURE AND APPEAL INFORMATION Notice Notice was maded to X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL MAY 10, 2002 ON AND BECOMES EFFECTIVE ON MAY 25, 2002 UNLESS AN APPEAL IS FILED T�A eal ector's Decision is final on the date that it is maded All persons entitled to notice or who are otherwise adversely affected or aggneved by the decision as provided m Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Communit�r Development Code which provides that a wntten appeal together with the required fee shall be filed with the Director within ten (10) busmess days of the date the Notice of Decision was maded The appeal fee schedule and forms are avadable from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to tFie specific issues identified in the written comments submitted by the parties dunng the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON MAY 24, 2002 Questions If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 � r �� �� May 10, 2002 PREPARED BY Brad Kdby DATE Associate Planner MLP2002-00002 ERVIWSTARK PARTITION PAGE 17 OF 17 t . - � � GEOGfl�PNIC NFORMA710N 9Y9TEN � YICINITY MAP _ � TREET M LPZ00�-00002 SW BAM81 LN H � SLR2002�0000� w w Q QQ � � � � � � � � � � � ERVIN/STARK � SWER OLST � �- PARTITION � e�- •-- � t-- F Ij. /TAY�QR FERH � � �/,. � R� p7D ��I Lt.- ' 1 F�/r�� ��i �. ._.�;ry���� �¢�~ ST � �°`� f nl 'a� l =� '\ � � � � -� b a� ^� ��� �r°% �1I LI`/ 4 y i � NNE �BUL!Rf�R7 � -P�x -- �, I �O 1 F J�' Q ��HONI In PD i f � 1 � � ! 2� ��, B�OENO RC � / OUIt1UM_(pp p — m f + t Y7 P��� Tlpartl Area Mep /` `� �f T ♦ N U Q 11J� 0 700 200 300 400 Feel r 1=321 leel �� �N C � ��j City of Tigard NO -D � Infortnedon on thia map Is tor general loeahon only end n �— shoultl be venfied wilh lha Development Services Division D `Zm 17725 SW Hall Bivd T�gerd OR 97223 (503)63&4777 � htlpllwww a Lgerd or us Community Development Plot date Apr 4 2002 C\magicWIAGIC03 APR � .. —- c � ��� � � i � `^ ' � !!�� I � � ( 1 � � o � �, • 3 � � � I q � � � � � � � �� �� �� � � � � � � � ► � � � � �� � �� � � � -� � � � �� --tn I � � ,� � � � ' Fnr .m�s � c d�l,ii w � AIR77lKW PiAT l�7-01� �� � 1 �I I ��'' '� i11RC�1 / fMRGtZ P � � � t � � � ' � St�alww�llW rJ avnfVi.IGTFSX ��� dAtlCl�'.ND l�JPN�[/MrS !/7R/1Y AfG AO'BII � AB1N'�"'� a u�e ao�n ut fweret s �nav aeao 70 � �1SAlL AIAIM.T 6V/EA � � _. NOVIYVt � � — _N mss.s r au __ _ .� �- �� `f �1,� � � �^� '"" � oaxrav Mcnvr�x � � a � i���- "'1' `� - - -`-C.� � -- I � 4 I ��Z\ �r " � S L Im b !' ��s++.sn a � �� \ \\� \ \ \�\� \'� \ �N �e I� ei � � � � \ g \,�, �t � �\� ��\�\ � ��\� \�$ � � 1 �``�o. � ,��, ��� ��<�� � ��� ����y � -� � r�. � i � I ""' ,, , , \ \ �\��\ � ��\\\\�� � .� ^ ¢�"'�r� v _` raRr�.ae n 1 � � nr �� ����� � ��\Q\�_��\ \ � -/ "�� � ' i i �a,. — � � , i i � I � � LOT! LOT P LOT� � �`-�,�,� \ 1 � I I s�v r'tt�v � � � cor a cor s n�cr e � � n7 'rv I I I � Ma�aacr c�aenr��r � Nd � I �r �y � � I I I Z N I m m � O Ia ° I � o � H i . __ __ - -- a � _ h s�v,�s,fuc� � N — � O —+ 0 1 ��"��., o �r��.� Z o 0 0 � CITY OF TIGARD PLAIVNING DIVISION a� , ,'� �„ Wa on Counry,Oregon 2002-131356 '� 11IOar2002 01 23 03 PM � . D�RlB Cnta1 Sfie3 T EAKIN ` � S20 00 S8 00 511 00 Total=t37 00 -, After recording, retum to � , City of Tigard — Records Division 13125 SW Hall Bivd 00183971200201313580040045 Tigard, OR 97223 I J�rryHen�on DlnetorofA���eem�rrtandTaxatlon and E:-Ofllclo CounH ClerkforVYUhlnpton County do hsnby eertlfythtt th�viAtl�ln In�trument oTwrttlnp �� v�ns ncNv�d and ncord�d In the bo k ot ncords of � uld eourrty ��{�v.sOr i Jerry R Han�on DlrectorM-asaeeement and Taxadon x .7 E:-0f�clo County Clerk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) � THIS AGREEMENT is entered into this 22"d day of August, 2002 by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and John Stark and Kim Ervin, ("OWNERS") RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in No MLP2002-00002 dated Mav 25, 2002, and WHEREAS Chapter 18 810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18 810 IN CONSIDERATION of the mutual promises, convenants and undertakmgs, and the issuance of a buildmg permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows Section 1 The real property subJect to this Agreement is described as follows � } Parcels�'and$of Part�t�on P/at No 2002-084 , recorded as Document No 2002131353 , Washrngton County, Oregon OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns Section 2 The improvements covered by this Agreement are as follows SW Fonner Street Half-street improvement ad�acent to the sub�ect property to meet the City minor collector standard Restrictive Covenant (Future Street Improvements) Page 1 of 4 Revisan dale 1/1I01 1 III���o�e 2002-131356 Section 3 This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events (1) when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement Distnct, (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third par+y owner(s) of property in addition to the property dsscnbed in Section 1, or (4) when construction of the improvements are deemed to be appropnate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements descnbed in Section 2 In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may anse by application of the Reimbursement District Ordinance Chapter 13 09, TMC, or any similar ordinance or law providing a process whereby such expenses are distnbuted among benefited properties Section 5 OWNER agrees to sign any and all waivers petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive ali nght to remonstrate against the improvements listed in Section 2 above, submitted either alone or in con�unction with other improvements descnbed m Section 4, as may be proposed OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District OWNER covenants and agrees that the improvements descnbed in Section 2 will specially benefit OWNER'S property as descnbed in Section 1 Section 6 If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the nght to protest only the amount or the manner of spreading the assessment, but not the formation of such distnct Section 7 CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed m Section 2 to be constructed, or part of such improvements without regard to the source of funds for such pro�ect, but not as part of a Local Improvement Distnct, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements OWNER'S share wili be determined by CITY m a manner simdar to spread�ng the cost of a pubiic improvement to specially benefited properties The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the pro�ect Restnctive Covenant (Future Street Improvements) Page 2 of 4 Revh.lon date 1/1A7 2002-131356 (1) Except as otherwise provided in subsection (2) of this section, pnor to construction of such improvements under this section, OWNER shall be provided not less than six (6) months wntten notice by first class mail that the pro�ect will be built The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER'S share of the costs Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months Upon completion of improvements pursuant to this Section, CITY shall provide wntten notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City m 10 equal annual installments, with the first mstallment due within 60 days of the notice The installment option shall be available only if the OWNER provides ' written notice and the first payment within 60 days of the notice If the mstallment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear mterest at the rate of one and one-half(1 '/z%) per month from the date the payment is due until paid (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement Distnct Ordinance, Chapter 13 09, TMC or a similar ordinance, then the terms and procedures of the ordinances shall apply m lieu of the provisions m subsection (1) of this section Section 9 At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER's obligations under this Agreement City shall use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restnctions running with the title to the property covered by this Agreement, and shall be bindmg upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property descnbed in Section 1 The parties agree the CITY may, for purposes of recovermg the cost of improvements described m Section 2, levy an assessment agamst the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptly after its execution by the parties, this Agreement shali be recorded m the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restnctions against the title to the property imposed by this Agreement Section 12 CITY may enforce the terms of this Agreement in any court of competent Junsdiction In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced Restrictive Covenant (Future Street Improvements) Page 3 of 4 RCNSIOn Aite 1/1/01 ii ii ii 2002-131356 Section 13 If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attomey's fee to be fixed by the trial and appellate courts respectively Section 14 The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validiry of the remainmg terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties The parties shall negotiate an equitable ad�ustment of this agreement so that the purposes of this agreement are effected OWNER S) �� �i� _ `,/1 ^r 1 ^ �`[ l� Signatu Signa re � Jo A Stark Kim N Ervin ame (Pnnt or Type) Name (Pnnt or Type) Owner Owner Title (Pnnt or Type) Title (Pnnt or Type) Acknowfedgment of OWNER'S signature(s) must be notarized Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors STATE OF OREGON ) County of �.�A��Aw�f+S ) On this Zlst day _ ��� �'k�us� , 20 o Z- , before me a Notary Public, i�hn A Sl�r�.rk. a..d IGr►-, rU. Go✓�n personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed ���s� Before me JANICETRACY ota Public fo reg ,' NOTAF�YPUBUC-OREGON COMMI3SION NO 3a8886 My commission expires �t ��, ?.��S MY COMI�ISSION IXPIRES SEPTEMBER 09,2005 �G. 20o Z Accepted on behalf of the City of Tigard this��day of D���o-e-✓ , � � � QP- „�,,,....� City Engineer NO CHANGE IN TAX STATEMENT ��, Restnctive Covenant (Future Street Improvements) Page 4 of 4 ReNSlon Eata 1/1/01 .�, . . ������ `�n�/� 10. The applicant shall either place the existing overhead utility lines along SW Fonner Street underground as a part of this project, or they shall pay the fee m-lieu of undergrounding. The fee shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, the amount will be $2,750.00 and it shall be paid prior to approval of the final plat. 11. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global posifioning system (GPS) geodetic control network. These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. ._ __ By random traverse using conventional surveying methods. 12. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. The right-of-way dedication for SW Fonner Street, at 25 feet from the centerline, shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the fina( plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLCOWING CONDITIONS SHALL BE SATISFIED ��� `�� , , �� r �� :� ' , PRIOR TO,ISSUANCE OF_BUILDING PERMITS: '; � , . �` u mit t e o ow�ng to t e anning ivision ra i y , x or review an approval: 13. '' Prior to the issuance of any building permits, the applicant shall provide the City with confirmation from Clean Water Services that the applicant has complied with the Service Provider Letter #1254, dated July 27, 2001. 14. Should any of the trees on site be damaged or removed during site preparation or development of the lot, or the installation of the drainage pipe, the applicant shall immediately notify the City to discuss protection measures and mitigation rf necessary. ,J� Prior to the issuance of building permits, the applicant shall either trim the large rhododendron to three feet, or relocate it so that it is out of the clear vision triangle as required by TDC Chapter 18.795. 16. At the time �of submittal for building permits for individual homes within the development, the developer shall submit materials demonstratmg that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home. �'�ibmit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 17. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. MLP2002-0OQQ2 ERVI WSTARK PARTITION PAGE 3 OF 17 �. m��s C-��r o,, � ,3 � Y \� � CleanWate�� Services Our commitment is clelr November 20, 2002 John Stark PO Box 23215 Portland, OR 97281-3215 RE Vegetated Corridor Enhancement Plan Fonner Street partition (CWS file 1254) Clean Water Services has received the landscape enhancement and restoration plan for the above referenced site (See attached) District staff has reviewed the landscape plan and has found it to be in compliance with Resolution and Order 00-7 (R&O 00-7), Section 3 02 6, Table 2, and the guidelines provided in Appendix E of R8�0 00-7 The District recommends that final construction plans contain detailed landscape plans including in the details a description of the methods for removal and control of invasive species, location, distribution, condition and size of plantings, existing plants and trees to be preserved, and installation methods for plant materials A Maintenance Plan should be included on final plans including methods, responsible party contact information, and dates that maintenance is to be competed by (at least finnce yearly, once in late � spring, and once m early fall) � M If you have any questions, please feel free to call me at 503-846-3613 Sincerely, , P Y i i � A �����!����� �� � D J` Heidi Berg Site Assessment Coordinator _,�� ti - �� v � 4 �'�.� �, Cc Shawn Eisner, Pacific Habitat Services_ �y w},��r , � r,,,�- ,y,y�, ��`r€� I �. _ � F ` c �f11 R.X `�� �� t 1' � � 1����5 � � � � � � � E i t �.� i h r e r � P� � � �t— � L '�F�9rr f11#:�r..} �i�.�l� '� L '� J !�'I , 1 i-i�i r i i � � ,� � '` i " : � � 1 1 I � E.� _E J� �,rJ„� �I _ � , ` ' ' �7�i.. '� i" �i � ' r � l E\De�elnpmem Sves�SP 00 TMac Corrospnndence\2S I OlAC00900 1200 Landscape Plan Conc rtence Re ew(or C t es doc lT � 155 N First Avenue Suite 270• Hillsboro Oregon 97124 Phone (503)846 8621 •Fax (503)846 3525•www cleanwaterservices org r r He�di Berg #1264 11/15/02 Page 2 of 3 Table 1 Proposed enhancement plantings for 11385 SW Fonner Street m T�gard Trees and Shrubs Botan�cal Name Common Name Size Quant�ties Oemleria cerasrformrs Indian Plum 18-24" 8 Symphorrcarpos albus Snowberry 18-24" 8 TOTAL TREES/SI�RUBS 16 �erbaceous Botanical Name Common Name Size Quantit�es Gaultheria shallon Salal 1 gallon 40 Mahonra aqurfodium Tall Oregon grape 1 gallon 30 Polystichum munrtum Sword fern 1 gallon 35 105 All plant�ngs will be placed withm those portions of the comdor made bare as a result of the removal of noxious species Plantmgs will be placed and grouped to favor plant surv�val and encourage massmg, which m�mics natural systems more effectively than equally spacmg plants m a predetermmed pattern Final placement vv�ll be random,takmg mto account the location of extsting trees and shrubs All plants should be installed m wmter to early spring, while plants are dormant or are otherwise least likely to be stressed by low soil moisture or other vanables Where necessary, plants may be installed in the center of a one-meter syuare polypropylene- mesh weed bamer to mintmize compet�tion from herbaceous species, followed by twice yearly matntenance to keep competitive potential weedy growth under control Maintenance of the comdor will occur, at a mm�mum, each spnng(Apnl) and fall (September)through the two-year maintenance penod The focus will be on ensunng plant survival through the contmued control of mvas�ve species Onsite imgation may be utilized as necessary through the first two years in order to guarantee plant survival Replacement plantangs may be necessary if the survival of plantings and native volunteers is insufficient The enhancement of the corndor will occur concunent to constructton of the ad�acent res�dent�al property Though the removal of non-nat�ves has been completed m the central and west portions of the site, removal along the east side is ongoing Noxious plants are not as prevalent along the east side and removal is not expected to generate large bare areas Small bare areas (less than 25 square feet)throughout the comdor will be planted vv�th the follow�ng broadcast seed m�x, which is appropnate for shady condittons Botan�cal Name Common Name A licahon rate PLS* Bromus vul aris Columbta brome 5 EZ mus laucus Blue wil e 7 Festuca occrdentalrs Western fescue 6 *PLS—pure live seed�n pounds per acre Vecetated Corridor Enhancement Plan Scale: 1 " = 40' — 0" Figure A (Ivy removal Area) • N 00'59'44" E 259.74' `" ' 111211, *4 \ •1 \,% 3' s ` �,�. Oo V OVAL AREA ��•\ `ri5.r',? c'tn °s 43 0 X ca rn �9�``.. 300 ,.F.) a, Q6',•0 41 l.P CD 0 o o Ink IIIML ...„ .ik\ c4 c(,), 0) `��. `moi .• T►•NDS :OU' BAR � ..k. AIL . . P R C L� N. , �'► 10,7•. S0 FT. , INMINI01% \ BASIS OF BEARING H. Ridi NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00002 CITYOFTIOARD Comrnurary�Development ERVINISTARK MINOR LAND PARTITION S�P1n8ABetterCommun:ty 120 DAYS = 7/30/2002 SECTION I APPLICATION SUMMARY FILE NAME ERVINISTARK MINOR LAND PARTITION CASE NOS Minor Land Partition (MLP) MLP2002-00002 Water Resources Overlay Review (SLR) (NOT REQUIRED) SLR2002-00005 PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels finro and three will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area APPLICANT John Stark PO Box 23215 Portland, OR 97281 OWNERS Kim Ervin and John Stark PO Box 23215 Portland, OR 97281 LOCATION The pro�ect is located at 11385 SW Fonner Street, WCTM 2S103AC, Tax Lot 00900 and 01200 COMP PLAN DESIGNATION Low-Density Residential ZONE City of Tigard R-4 5 zoning district The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 765, 18 775, 18 790, 18 795, 18 797 and 18 810 0 SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall TI-I!S �PPRO!/A� �Fle4�LL �E !lAsLl� �OR 18 n![ONl'I-!S FROM THE EFFECTIVE DATE OF THIS DECISION All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the time of the request SECTION III PROCEDURE AND APPEAL INFORMATION Notice Notice mailed to X The applicant and owners X Owner of record within the required distance —� Affected government agencies Final Decision THIS DECISION IS FINAL ON MAY 10, 2002 AND BECOMES EFFECTIVE ON MAY 25, 2002 UNLESS AN APPEAL IS FILED A�e�al The Director's Deasion is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Fiall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON MAY 24, 2002 uestions or urt er information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 �*--�� I — YICINITY MAP x T MLP2002 00002 Sw �� � � SLR2002 00005 < a F =_______ ERVIN/STARK 5V"�" � — PARTITION � ��� 'Q ^�; r� �'}r ST d'����, ;� ,.I�,� i "�` I � �„,� �E 1 � .J,,,,, 'f/�.,�o � PSN p �s K P T N U '.,.� � ' � � Clry fTgerd }�,� � r.w� �o...'.�'..rr w .d•aw�ra ♦ �— / '.—''�Z.e m � �.e_°rT�e �� �/ �/ � y � � ! \�1� E ��ur 04 ��� �J�! ��...�. � 0�-e'- 3 �� — �}� ��� Z . .___.° � -�6,� o '' "' � � § � I R� % � > , ° � "- ��a9 c� � I �'��' � g 4 Z �II Y/� � � g , � � a � '� (— M � g � � ` a �'� a � ` � � � , � � � i`',�� � �� g i I�I ° YSt� � I yi � k I�I � Bq / r � ' . 5 'sa� U — 4B; `t `� ° � _� — —� . -- — �— --- , _, , , — ��- .�,�,.� , , --- — —e ----- --�,— A9 6�y � � 1.. Iµ Ci I TY O F T I GAF�� � MLP2002AOOOLSLR2002-00005 SrTE PLAN N ERYIWISTARK PARTITION (Map la nol W scale) NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER E�Hr� � ;t THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAHD USEAPPLICATION MINOR LAND PARTITION CITYOFTIGARD Communtty�DeveCopment SFiaptngA BetterCommun:ty DATE OF NOTICE April 5, 2002 FILE NUMBERS MINOR LAND PARTITION (MLP) 2002-00002 WATER RESOURCES OVERLAY REVIEW (SLR) 2002-00005 FILE NAME ERVIN/STARK PARTITION PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-famdy residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area ZONE R-4 5 Low-Density Residential District The R-4 5 zornng district is designed to accommodate detached single-famdy homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Pnor to the Ciry making any decision on the Application, you are hereby provided a fourteen (14) day period to submit wntten comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM ON APRIL 19, 2002 All comments shouid be directed to Brad Kilbyi Assoaate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard by telephone at (503) 639-4171 ALL COMMENTS MUST BE RECEIYED BY THE CITII OF TIGARD IN WRITING PRIOR TO 5 00 PM ON TNE DATE SPECIFIED ABOVE IN ORDER f OR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-INAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MAY 9. 2002 IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal, ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or C�rcuit Court on that �ssue Specific find�ngs directed at the relevant approval criteria are what const�tute relevant evidence AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION THE DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION SUMMARY OF THE DECISION-MAKING PROCESS ♦ The application is accepted by the Ciry ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day wntten comment period ♦ The application is reviewed by City Staff and affected agencies ♦ City Staff issues a written decision ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site, all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll, any City-recognized neighborhood group whose boundaries include the site and any governmental agency which is entitled to notice under an intergovernmental agreement entered mto with the City which includes provision for such notice or anyone who is otherwise entitled to such notice INFORMATION/EVIDENCE AVAILABLE FOR REVIEW The application, written comments and supportmg documents relied upon by the Director to make this decision are contained within the record and are availabie for public review at the City of Tigard Commurnty Development Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this service Questions regardmg this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled °Your Right to Provide Wntten Comments " YICINITY MAP x r �- MLP2002-00002 SW�^�^B��N Q SLR2002-00005 ¢ > � ________ � = ERVIN/STARK SW ER 5T PARTITION � � 5 Y��y`�'a � ��� ��_ s7 d�����r�,�i,'C'�z N �..:.� �—� FON '-- �c-.,j e�^� �w�/ �� 4 PP�N ro 4 � t � �'i T N U � �m bo r.n 11� �o (� N C ry� O � a.,� M�°..�".::,o."' y r y �:ssw am.a � �T\ , \ o.�e on anx �'C \ l � 'C e��....��uu+�aw � REQUEST FOR COMMENTS CITYOFTIGARD Commuraty rDeveCopment S�aptngA�detter Community DATE April 5,2002 TO Dennis Koellermeier,Operat�ons Manager/Water Department FROM Cuy of Tigard Plamm�9 Diuision AE�n Pt�iNIN� STAFF CONTACT Brad KiIbY,Associate Pianner[x3881 APR 1 2 2002 Phone [503)639-4111/Fax [5031684-7291 MINOR LAND PARTITION[MLPI 2002-00002/WATER RESOUBCES OYERLA IEW[SLRI 2002-00005 ➢ ERVIH/STARK PARTITION Q REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY APRIL 19, 2002 You may use the space provided below or attach a separate letter to return your comments If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below ��C� � �d/l� � lG('G°rG��� (.J�/ ��L/lci (�CF.L�1u�1 al� ah [Qs'L�tca� G,"rpw vn �c I(�Please prov�e t�ie foc�w���nfo�acwn�Name of Person[sl CommenUng ,� c��/ �Phone Number[sl �� � � �Bradley Kilby- Fonner StLLMLP I-iydrant docT � � v ��� � � � ��m � J� T� � ����---v Page 1 TUALATIN VALLEY FIRE 8 RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION May 15 2002 � Brad Kdby Associate Planner City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re Fonner St MLP Hydrant Dear Brad I have reviewed the plot plan submitted to me by John Stark showing the hydrant location The hydrant is located within 500 feet of all portions of the buddmgs and is approved as submitted Please contact me at(503)612 7010 with any additional questions Smcerely Eric T McMullen Eric T McMullen Depury Fire Marshal 7401 SW Washo Court Swte 101 •Tualatin Oregon 8rA(�e22�oT� (503)612 7000•Fax(503)612 7003•www tvfr com Bradley Kilby - Ervin-Stark Partition doc v � � ^^ ^ � � Page 1 � a Tualatin Valley Fire & Rescue TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION Apnl22 2002 Brad Kdby Associate Planner City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re Ervin/Stark Partition Dear Brad I have reviewed the submittal for the above named pro�ect and have the following comments 1 A mmimum of 1 fire hydrant shall be provided for this development The hydrant shall be mstalled so that no part of any new structure is more ihan 500 feet from a fire hydrant (UFC 903 4) 2 Where fire apparatus roadways are less than 28 feet wide NO PARKING signs shall be installed on both � sides of the roadway and in turnarounds as needed Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide NO PARKING signs shall be installed on one side of the roadway and in turnarounds as needed Where fire apparatus roadways are 32 feet wide or more parkmg is not restricted (UFC Sec 902 2 4) � The access easement shall be designated as a fire lane and no parking wdl be allowed No Parking signs shall be designed and installed to City of Tigard standards 3 Public streets shall have a maximum grade of 15% Private fire apparatus access roadway grades shall not exceed an average grade of 10%with a maximum grade of 15%for lengths of no more than 200 feet Intersections and turnarounds shall be level (maximum 5%)with the exception of crowning for water run-off (UFC Sec 902 2 2 6) 4 The mmimum available fire flow for single famdy dwellings and duplexes shall be 1 000 gallons per minute Fire flow documentation shall be provided if the structure(s)is(are)3 600 square feet or larger the required fire flow shall be determmed according to UFC Appendix Table A III A 1 (UFC Appendix III , A Sec 5) 5 Approved fire apparatus access roadways and firefightmg water supplies shall be installed and operational � pnor to stockpding combustibles on site or the commencement of combustible construction (UFC Sec 8704) Please contact me at(503)612 7010 with any additional questions Sincerely Eric T McMullen Eric T McMullen Deputy Fire Marshal 7401 SW Washo Court Suite 101.Tualatin Oregon Br�oT� (503)612 7000•Fax(503)612 7003•www tvfr com � �i MEMORANDUM CITY OF TIGARD, OREGON DATE May 7, 2002 TO Brad Kilby, Associate Planner FROM Brian Rager, Development Review Engineer �� RE MLP 2002-00002, Ervin/Stark Partition Street And Utility Improvements Standards (Section 18 810L Chapter 18 810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage The applicable standards are addressed below Streets Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030(E) requires a neighborhood route street to have a 50-foot right-of-way width and a 32-foot paved section Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees This site lies ad�acent to SW Fonner Street, which is classified as a neighborhood route on the City of Tigard Transportation Plan Map, as modified by the recently adopted Transportation System Pian (TSP) At present, there is approximately 20 feet of ROW north of the centerline, according to the most recent tax assessor's map The applicant should dedicate additional ROW to provide a minimum of 25 feet from the centerline The applicant's plan shows that they are prepared to dedicate up to 30 feet from the centerline, as the classification for Fonner Street, prior to the adoption of the TSP, was minor collector Now that the classification has changed, the ROW dedication requirement is less ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 1 I SW Fonner Street is currently paved but not fully improved to City standards TMC 18 810 030(A)(1) states that streets within a development and streets adJacent shall be improved in accordance with City standards However, 18 810 030(A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the pro�ect does not, by itself, provide a significant improvement to the street safety or capacity Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, will not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition will not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried out by the City, a third party, or through a local improvement district This agreement must be executed prior to approval of the final plat Sidewalks Section 18 810 O70 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entering into the future improvement agreement for Fonner Street, the applicant will satisfy this requirement Sanitary Sewers Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan Over-sizing Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-inch public sewer line located in Fonner Street that has sufficient capacity to serve this development The applicant's plans shows that they will extend two service laterals into the site to serve the three parcels ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 2 Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provisions for storm water and flood water runoff Accommodation of Upstream Drainage Section 18 810 100 C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) There are no upstream public drainageways that impact the proposed parcels Effect on Downstream Drainage Section 18 810 100 D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or unt�l provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff will be permitted to discharge without detention There is a drainageway ad�acent to the north (downhill) side of the property where drainage from this development could be directed Onsite detention is not required for minor developments such as residential land partitions Staff has talked with the applicant about how they could discharge their storm water to this area without disturbing the sensitive area corndor, and thereby avoiding the need for a Sensitive Lands review The applicant may have their engineer analyze a method of discharge that uses an infiltration trench placed along the edge of the sensitive area boundary The trench should be placed at a level grade and allow water to percolate into the soil During the winter months, ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 3 should the trench capacity be exceeded, the water could simply overFlow the trench and gently sheet flow down into the sensitive area This method, if designed properly, should function well and avoid erosion of the bank Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810 110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way Fonner Street is not classified as a bike facility Therefore, no bike lanes are req u i red Cost of Construction Section 18 810 110 B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements N/A Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from the road is eight feet N/A Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and • The developer shall make all necessary arrangements with the serving utility to provide the underground services, • The City reserves the right to approve location of all surface mounted facilities, • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 4 • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made Exception to Under-Grounding Requirement Section 18 810 120 C states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under- grounding the utilities outweighs the benefit of under-grounding in con�unction with the development The determination shall be on a case- by-case basis The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding There are existing overhead utility lines along the frontage of SW Fonner Street If the fee in-lieu is proposed, it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines The frontage along this site is 100 lineal feet, therefore the fee would be $ 2,750 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System This site will be served by the City's public main line in Fonner Street The applicant will need to coordinate with the City with respect to the new water services Storm Water Qualitv The City has agreed to enforce Surface Water Management (SWM) regulations establ�shed by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No 00-7) which require the construct�on of on-site water quality facilities The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year The CWS standards include a provision that would exclude small pro�ects such as residential land partitions It would be impractical to require an on-site water ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 5 quality facility to accommodate treatment of the storm water from Parcels 2 and 3 Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropnate Staff recommends payment of the fee in-lieu on this application Address Assignments The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of$ 30 00 per address shall be assessed This fee shall be paid to the City prior to approval of the final plat For this pro�ect, the addressing fee will be $60 to cover the new addresses for Parcels 2 and 3 Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by • GPS tie networked to the City's GPS survey • By random traverse using conventional surveying methods In add�tion, the appiicant's as-built drawings shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91) Recommendations THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval A Public Facility Improvement (PFI) permit is required for this pro�ect to cover the sanitary sewer taps and any other work m the public right-of-way Six (6) sets of detailed public improvement plans shall be submitted for ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 6 review to the Engineenng Department NOTE these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate mformation to the Engineering Department will delay processing of pro�ect documents Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$60 00 (STAFF CONTACT Shiriey Treat, Engineenng) The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Fonner Street ad�acent to the sub�ect property, when any of the following events occur A when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement Distnct, B when the improvements are part of a larger pro�ect to be financed or paid for in whole or in part by the City or other public agency, C when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D when construction of the improvements is deemed to be appropriate by the City Engineer in con�unction with construction of improvements by others ad�acent to the sub�ect site The applicant shall cause a statement to be placed on the final plat to indicate that the proposed �oint private dnveway will be�ointly maintained by the private property owners who abut and take access from it The applicant shall either place the existing overhead utility lines along SW Fonner Street underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27 50 per lineal foot If the fee option is chosen, the amount will be $ 2,750 00 and it shall be paid prior to approval of the final plat ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 7 The applicant's final plat shall contain State Plane Coordinates on finro monuments with a tie to the City's global positioning system (GPS) geodetic control network These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordmates, the plat shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to grid north These coordinates can be established by • GPS tie networked to the City's GPS survey • By random traverse using conventional surveying methods Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext 426) C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of T�gard D The nght-of-way dedication for SW Fonner Street, at 25 feet from the centerline, shall be made on the final plat E NOTE Washington County will not begin their review of the final plat until they receive notice from the Engineermg Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor F After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 8 . Prior to issuance of building permits, the applicant shall provide the Engineenng Department with a mylar copy of the recorded final plat Pnor to issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) i\eng�brianr�comments\mlp\mIp2002 00002 doc ENGINEERING COMMENTS MLP 2002-00002 Ervin/Stark Partition PAGE 9 Bradley Kilby- ErviNStark Partition; SLR'"'�02-00005 Page 1 ' � f!�'�DU.�_ oZ From: "Harris, Kathryn L NWP" <Kathryn.L.Harris@nwp01.usace.army.mil> To: "'bradley@ci.tigard.or.us"' <bradley@ci.tigard.or.us> Date: 4/19/02 4:37PM Subject: Ervin/Stark Partition; SLR#2002-00005 Brad, I just reviewed the above referenced request for comments. Its appears from the drawings that a stormwater pipe and outfall riprap will impact the wetland on site. This work will require authorization from the Corps of Engineers. Thanks, Kathryn Harris Op�N�NG A��� � ���� 2pp2 AQ �� G`��` 1 ' REQUEST FOR COMMEHTS CITYOFTIGARD Commumty rDeveCopment ShapzngA Better Commuraty DATE April 5,2002 RECEIVED PLANNING TO Matt Stme,Urban Forester/Public Works Department FROM City of Ti9ard Plamm�g Division P PR 1 �l 2002 CITY QF TfGARD STAFF CONTACT Brad KiIbY,Associate Planner[x3881 Phone [5031639-4171/Fax [5031684-1297 MINOR LAND PARTITION[MLPI 2002-00002/WATER RESOURCES OVERLAY REVIEW[SLRI 2002-00005 ➢ ERVIN/STARK PARTITION Q REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY APRIL 19. 2002 You may use the space provided below or attach a separate letter to return your comments If you are unable to resaond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office � Please refer to the enclosed letter _ Written comments provided below I(�lease provule t(ie foCCounng informatwn)Name of Person[sl Commendn9 I �Phone Number[sl � MEMORANDUM ,� TO Brad Kilby FROM Matt Stine, City Forester RE Ervin/Stark Partition DATE Apnl 16, 2002 As you requested I have provided some comments on the "Ervin/Stark Partition" pro�ect If you have any questions or concerns regarding my comments please contact me anytime 1 TREE PROTECTION DEVICES 18 745 030 E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be protected as much as possible 1 The developer shall provide methods for the protection of existing vegetation to remain during the construction process, and 2 The plants to be saved shall be noted on the landscape plans (e g , areas not to be disturbed can be fenced, as in snow fenc�ng which can be placed around the individual trees) 1 1 All tree protection devices shall be located on the Tree Protection Plan Any tree that will not be removed onsite that is within the limits of disturbance of this pro�ect must be protected Any tree that�s located on pro�erty aJacent to the construct�on pro�ect that w�ll have more than 15% of►ts root system d�sturbed by construct�on act�v�t�es shall also be protected 1 2 Details and specifications are required as to how the trees will be protected on site 1 3 Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures 1 4 Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, bunal, burning, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester 1 5 All tree protection devices shall be ■ Visible ■ Well-anchored ■ Approved in the field prior to clearing, grading, or the beginning of construction ■ Remain in place and maintained until all construction is completed and a final inspection is conducted 1 6 To determine the size of the tree protection zone follow the guidelines listed below ■ For individual trees follow the trunk diameter method For every one-inch of diameter at breast height (DBH), or 4 '/z feet above the ground, allow 12 inches of space from the trunk of the tree For example, a tree that is 15" at DBH must have at least 12' of tree protection zone around the entire canopy of the tree ■ For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand if there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method whichever is greater 1 7 Identify, on the Tree Protection Plan, the location of the stockpile area and the staging area (if different from the stockpile area) 1 8 All of this information must be included in the final plan's notes or drawings 1 9 If it is necessary to enter the tree protection zone at any time with equipment (trucks, buldozers, etc ) the City Forester must be notified before any entry occurs Before entenng the protection zone a layer of at least five (5) inches of wood chips or mulch must be placed over the root zone where the vehicles will be driven This method will minimize the adverse impacts of compaction from the equipment When access to this area is no longer needed the wood chips or mulch must then be dispersed (somewhere onsite os okay) down to a level of not more than four (4) inches deep 1 10 Spec�fic to th�s pro�ect • Trees marked as "save"on the plans must be protected • Trees /ocated on ne�ghbor�ng propert�es must also be protected • These trees must be protected accord►ng to the gu�del�nes written above 2 TREE SPECIES SELECTION & PLANTING 18 745 030 C INSTALLATION REQUIREMENTS The installation of all landscaping shall be as follows � 1 All landscaping shall be installed according to accepted planting procedures 2 The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions), and 3 Landscaping shall be installed in accordance with the provisions of this title G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development 2 1 It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting guidelines as well as the standards set forth in the American Institute of Architects Architectural Graphic Standards, 10th edition In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturitv Additionally there are directions for soil amendments and modifications I recommend that these guidelines be followed and adhered to at all times 2 2 In order to develop tree species diversity onsite it is recommended that the following guidelines be followed ■ No more than 30% of any one family be planted onsite ■ No more than 20°/a of any one genus be planted onsite ■ No more than 10°/a of any one species be planted onsite 2 3 I recommend that all of this information be included in the final plan's notes or drawings If you have any questions please call me anytime Thank you for requesting my comments on this pro�ect I . REQUEST FOR �OMMENTS CfTY OF?IGpRD Commitnity 4Jtvelvpment sjrupittg A 43ettc'/Community ATE: - �M15� � F,�,�,, lee'Walkar,�lu��nwater Sgnilces/SWM�re ram � � �p ofr�°lanntn oivlsion p � � � � � � , p,s���c�atePlanner[x3881 APR - 8 2002 �TAFF CONTAGT: B�d���y�—• P11006: [503)I1x39-4111/F�x: t5D3]G8�4-1297 MIMOR IANQ PARTi1'IOM�1�mLp]2�U2�00002/WATER RESOIIRCES OYERLAT RElll - - � ➢�ER�� IN/STARK PA�TITION Q REQUEST: Approval of a 3-Ic�t Minor Land Partition of �-I�5 esiden esr and Tract An islset as de as a site, Parcels #2 and #3 will b�� developed with smgle fam y sensitive area. The lot sizes ior this development wouid be 14, 554 squ�re feet, 7,998 square feet, and 796 s uare feet respecti�r��ly. Tract "A" is 16,231 square ONEn R-4•5: Lo�+�+A�eO� �esident a 10, 4 . Fonner St�eet; WCTM 2S1Cti3AC, 7ax lots 1200 and 900. ' trict. The R-4.5 zoning di�trict is designed to accommodat00 st uare fe tg'Dup elxes a d attached Dts residential units at a minimum lot size of 7, q without accessory � ' le-famil units are �►errr�il:ted conditionally. Some civic a�d pevelo'mentuCode Chapters 18 9�, sing Y conditionally. APPLICABLE= REVIEVIr CRITERIA; Commun y 18.420, 18.510, 18.705, 18.�'�15, 18.725, 18.775, 18.790, 18.795, 18.797 and 18.810. Attache d are the Site Plan,Vicinity Map and Applicant's Information for your review. From information supplied by va p rious departments and agencie� and from other ineorm�at��a��n���eenear futue. alf y u�w sh t �ma e�t °�ided be prepared and a decision will I:>� render�d on ; APRIL 19 2002, You may use the sp ce p application, WE NEED YOUR �j:��DMMENTS BACK B as soon as possible. If be low or attach a separate letter �e:� return your commn�and confi m Youaco ments n w b g he above 23 te, please phone the staff contact notetl abcve with your comm Division, 13125 SW Hall Boulevard, Tgard, OR 9 you have any questions contact iJ��ie Tigard F'lanning ' '.T , qL'��al�f I� ��� ��, ,... ��;� ,;�P'�Y�:'������' PL�' ,�,SEi;C,�=1E;OKi,., �E���, � ,� �II G�,.� ���,�T'I,iA`�. �►F' , .. ., ,� We have reviewed the pr��posal and have no objections to it. of our office. � Please contact —_ Please refer to the enclo����d letter. � Written comments pro��'Ided below: ' , � ��h � �! 2��' Stl 2'1 '?:�v t �j �,,�:,►�,�,�,r,,� ru3u��.�. . - � �t..f. , l�l, r G �� 1- • �i . �l l G Vi7�'Fr rn � I�L� � Q . a � w��.v c�.u.,\�.�r �� a w�+�v c�.u�,� � ��P��,e�,�t���"�mforn�acion)11aroe of PersOnCsl Cemmeadu9: � pbeue Mup�ti�r[sl: � 0 y t° TOO�j � S��IA?I35 2I�.LVM I�3'I� SZS£ Oi�9 £05 %t�3 OZ�90 ZOi8Ti�0 4 � REQUEST FOR CO�IMEHTS CITYOFTIGARD Commumry�Development ShaprngA Better Commumty DATE April 5,2002 TO Daryl lones,Senior Plans Exammer RECEIVED PLANPJING FROM City of Tigard Plamm�g DNision A PR 0 8 2002 STAFF CONTACT Brad Ki1bY,Associate Planner[x3881 Phone [5031639-4171/Fax [5031684-7291 CITY��r��R� MINOR LAND PARflTION[MLPI 2002-00002/WATER RESOURCES OVERLAY REVIEW[SLRI 2002-00005 ➢ ERVIN/STARK PARTITION Q REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY APRIL 19. 2002 You may use the space provided below or attach a separate letter to return your comments If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter � Written comments provided below A�r�s ���r � ����,� ,/�C.�- �,�,>�L �/F� �.-�,� ��i/� , ���,��.� �- ��� `�/,.� ,� ..� ��� �y� �,r�� (���e�o�e c�foc����nfo�ac�on)Name of Person[sl Commen�ng Phone Number[sl � . . REQUEST FOR COMMENTS CITYOFTIGARD Community 1�cvefopment 5hapingA�etter Community DATE: Apri15,2002 RECEIV�D PLANPJING T0: lim Wolf,Ti9ard Police Department Crime Preuenuon Officer FROM: City of Tigard Planning Diuision APR 0 8 2002 STAFF CONTACT: Brad Kilby,Associate Planner[x3881 c�rY�r r�=AR� Phone: [5031639-4111/Fax: [5031684-7291 MINOR LAN�PARTITION[MLPI 2002-00002/WATER RESOURCES OVERLAY REVIEW[SLRI 2002-00005 ➢ ERVIN/STARK PARTITION Q REQUEST: Approval of a 3-lot Minor Land Partition of 1.15 acres. Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area. The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively. Tract "A" is 16,231 square feet in area. LOCATION: 11385 SW Fonner Street; WCTM 2S103AC, Tax lots 1200 and 900. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.775, 18.790, 18.795, 18.797 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: APRIL 19. 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to resaond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. � Written comments provided below: /�;�,vl,r,r,;i,r,� ��h.� ��Ll t�L 1L r.� /�ti,�.r�u,�.L� ct�, /�`'� t� w�(,, ,�l.�G� i�� x-1 �:l�l. �t,1�1�LL I V�c-�t�y � ,�1,�a��c�'�� . (���e�-�c�for�wt��tnfo�ac����Name of Person[sl Commenting: ��y� ;�-�. �Phone Number[sl: -� k ��'� � �r� REQUEST FOR COMMENTS CITYOFTIGARD Communtty�DeveCopment ShapmgA�etter Commumty DATE 1'II 5 YOOZ RECEIVED PLANPJING TO 1 n�o Pro e Mana er/Public Works De artment APR 0 8 200Z FROM Cuy of Tigard Planning Division CI7Y CF T'raARD STAFF CONTACT Brad Kilb]I.Associate Planner[x3881 Phone [5031639-4171/Fax [5031684-1297 MINOR LAND PARTITION[MLPI 2002-00002/INATER RESOURCES OVERLAY REVIEW[SLRI 2002-00005 ➢ ERVIN/STARK PARTITION Q REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by various departments and agencies and from other information available to our staff a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY APRIL 19, 2002 You may use the space provided below or attach a separate letter to return your comments If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in wnting as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLE E CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below I(<t'lease prov�'e t(ze follounng mfor►natwn�Name of Person[sl Comment�ng �Phone Number[sl � 4 S � � L REQUEST FOR COMMENTS CITYOFTIGARD Commuraty�DeveCopment ShaptngA Better Commuraty DATE April 5,2002 TO PER ATiACNED FROM Cit�of Ti9ard Plamm�g Dmsion STAFF CONTACT Brad I(ilb]I,Associate Planner[x3881 Phone [5031639-4111/Fax [5031684-1297 MINOR IAND PARTITION[MLPI 2002-00002/WATER RESOURCES OYERLAY REYIEW[SLRI 2002-00005 ➢ ERVIN/STARK PARTITION Q REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential Distnct The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by vanous departments and agencies and from other information avadable to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY APRIL 19, 2002 You may use the space provided below or attach a separate letter to return your comments If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writmg as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below (���e�o�te c�foc���nfo�c�on)Name of Person[sl Comment�ng � �Phone Number[sl � r '� ' '' CITY TIGARD REQUEST FOR COh NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS S�R FILE NOS � 0160 -0000 �JRo aooa onoo5 FILE NAME �R il.1 S�fl� 4���+�CJ�1 CITIZEN INVOLYEMENT TEAMS i 14 DAY PENDING APPLICATION NOTICE TO CIT AREA �Central ❑East ❑South ❑West �Proposal Descrip in Library CIT Book CITY OFFICES LONG RANGE PLANNING/Barbare Shields Planning Mgr �OMMUNITY DVLPMN7 DEPT/Planning Engineering Techs VPOLICE DEPTJJim Wolf Cnme Prevention Officer �UILDING DIVISION/Gary Lampella Bwlding O�cial ENGINEERING DEPTJBrian Rager Dvlpmnt Review Engineer�iNATER DEP7JDennis Koellertneier Operations Mgr CITY ADMINISTRATION/Cathy Wheatley City Recorder �/PUBLIC WORKS/John Roy Property Manager y�UBLIC WORKS/Matt Stine Urban Forester �PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM 10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI _C DJSherman Casper Permit Coord�s�wcuP re riF> SPECIAL DISTRICTS TUAL HILLS PARK&REC DIST�R�TUALATIN VALLEY FIRE 8 RESCUE• ✓TUALATIN VALLEY WATER DISTRICT♦ �LEANWATER SERVICES� Planning Manager Fire Marshall Administrative O�ce Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire Distnct PO Box 745 155 N First Avenue Beaverton OR 97006 (place in pick up box) Beaverton OR 97075 Hillsboro OR 97124 LOCAL AND STATE IURISDICflONS CITY OF BEAVERTON� _ CITY OF TUALATIN�IF OR DEPT OF FISH 8 WILDLIFE �R DIV OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodndge I�ISI1 BUflf1@II DeveWpmemServices PO Box 369 PO Box 59 775 Summer Street NE PO Box 4755 Tualatin OR 97062 PoRland OR 97207 Salem OR 97301 1279 Beaverton OR 97076 _ OR PUB UTILITIES COMM METRO LAND USE 8 PLANNING � _OR DEPT OF GEO &MINERAL IND 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street Swte 5 Salem OR 97310 1380 City Manager Portland.OR 97232 2736 Portland OR 97232 PO Box 23483 Bob Kn�ght oaiaReso�rceceoter�zcn> �US ARMY CORPS OF ENG Durham OR 97281 3483 _ Paulette Allen GrowlhManapemerrtCoordinatur OR DEPT OF LAND CONSERV 8 DVLP Kathryn Harns _ Mel HUIe GreenspacesCoortlinator(CPPJZOA) L2fn/FfeflCh(Comp P�annmendmemsOnly) Routing CENWP OP G CITY OF KING CITY� _ Jennifer Budhabhatti ReplonalPlanner(Wetlan05) 635 Capitol Street NE Swte 150 PO Box 2946 City Manager _ C D Manager Growln Manaqemem Sernces Salem OR 97301 2540 Portland OR 97208 2946 15300 SW 116th Avenue King City OR 97224 WASHINGTON COUNTY� _ OR DEPT OF ENERGY lPOwemnesmnrea) _OREGON DEPT OF TRANS (ODO� Depf of Land Use 8 Transp Bonnevdle Power Administration Aeronautics Division�Mo�oPO�a ro..re� 155 N First Avenue CITY OF LAKE OSWEGO� Routing TTRC—Attn Renae Ferrera Tom Highland Planninp Swte 350 MS 13 Planrnng Director PO Box 3621 3040 25th Street SE Hdlsboro.OR 97124 PO Box 369 Portland OR 97208 3621 Salem OR 97310 Brent Curtis ccan� Lake Oswego OR 97034 _Gregg Leion�cPn> �OR DEPT OF ENVIRON QUALITY(DEQ) ODOT REGION 1 � Anne LaMountain�icauRS� _CITY OF PORTLAND (NOUy for WetlarWS anA Poterrt�at Enh�onmental ImpaGS) _SOf1y8 K82e(1 Devebpmem Review Coordinator Phd Healy ocauae> David Knowles Plannrig 8ureau Dv Regional Administrator Carl Toland Right of Way Section Na��w�5� �St@V8 COf1W8y(GeneralApps) Portland Budding 106 Rm 1002 2020 SW Fourth Avenue Swte 400 123 NW Flanders Sr Cartographer icPnrzcn��,s,. 1120 SW Fifth Avenue Portland OR 97201-4987 Portland OR 97209-4037 Jim Nims czcn>Ms�s Portland OR 97204 _Dona Mate�a�zcn�Ms�a _ WCCCA(911)lm000POieTOwere1 ODOT REGION 1 DISTRICT 2A� Dave Austin Jane Estes Pertn�Speaal�st 17911 NW Evergreen Parkway 5440 SW Westgate Dnve Swte 350 BeaveRon OR 97006 Portland OR 97221 2414 UTILITY PROYIDERS AND SPECIAL A6ENCIES PORTLAND WESTERN R/R BURLINGTON NORTHERN/SANTA FE R/R OREGON ELECTRIC R/R(eur�ington Northern/Santa Fe wR Predecessor) Robert I Melbo President 8 General Manager 110 W 10th Avenue Albany OR 97321 SOUTHERN PACIFIC TRANS CO R/R METRO AREA COMMUNICATIONS ATBT CABLE �RI MET TRANSIT DVLPMT Clifford C Cabe Construction Engmeer Debfe PelrtlBf(nnnexatwns onry) Pat McGann (II Pro�ea�s WMin/Mile of A 7rensd Route) 5424 SE McLoughlm Boulevard Twm Oaks Technology Center 14200 SW Bngadoon Court Ben Baldwin Pro�ect Planner Portland OR 97232 1815 NW 169th Place S 6020 Beaverton OR 97005 710 NE Holladay Street Beaverton OR 97006 4886 Portland OR 97232 ��ORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON _ QWEST COMMUNICATIONS Jim VanKleek Svc Design Consultant Scott Palmer Engineenng Coord Ken Perdue Engineenng Jen Cella Engmeenng 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hdl Rd Rm 110 Wdsonvdle OR 97070 Portland OR 97209 3991 Beaverton OR 97075 1100 PoRland OR 97219 TIGARD/TUALATIN SCHOOL DIST #23J BEAVERTON SCHOOL DIST #48 _ ATBT CABLE cnvw eaNwn�enw� Marsha Butler Administratrve Offices Jan Youngqwst Demographics&Plannmg Dept Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard OR 97223 8039 Beaverton OR 97006 5152 Portland OR 97232 � INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500 OF THE SUBJECT PROPERTY FOR ANYIALL CITY PROJECTS(Pro�ect Planner Is Respons�ble For Indicatmg Parties To Notify) h\pattyVnasters\Requesl For Comments Noufication List 2 doc (Revised e Mar 02) MAILING RECORDS , � . AFFIDAVIT OF MAILING CITYOFTIGARD Coir:munity,Drveloprr:erit SfutpingA BetterCommuttity I, �Patricia G. Lunsf ord, being first duly sworn/a�rm, on oath depose and say that I am a SeniorAdmini.strative Spect'aCist for the �'ity ofT�gar�I 4Naskington County, Oregon and that I served the following: {Chedc Appropnate Boz(s)Bebw} ❑X NOTICE Of DECISION fOR: MLP2002-00002/SLR2002-OOOOS — ERVIN/STARK PARTITION � AMENDED NOTICE �File No./Name Reterence) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked F�lhlblt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked ENhlblt"B",and by reference made a part hereof, on Ma]I10,2002,and deposited in the United States Mail on M8y10,2002, postage prepaid. G�„GCIq/" r t�I� (Person t Prep red No ce) s'�'A�o�o�GoN ) County of`fNas tngton )ss. City of 7igarcl � 1 Subscribed and sworn/affrmed before me on the 3 ( �� day of , 2002. OFFICIAL SEAL —r� �, DIANE M JELDERKS •'�� NOTARY PUBLIC-OREGON COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 My Commission Expi � u EX��� �T � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP)2002-00002 CITYOFTIGARD ERVINISTARK MINOR LAND PARTITION s�ommuraty�DeveCopment pmgA BetterCommunity 120 DAYS = 7/30/2002 SECTION I APPLICATION SUMMARY FILE NAME ERVINISTARK MINOR LAND PARTITION CASE NOS Minor Land Partition (MLP) MLP2002-00002 Water Resources Overlay Review (SLR) �n,or ReQU�Reo� SLR2002-00005 PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels two and three wili be developed with single-family residences, and Tract "A' is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area APPLICANT John Stark PO Box 23215 Portland, OR 97281 OWNERS Kim Ervin and John Stark PO Box 23215 Portland, OR 97281 LOCATION The pro�ect is located at 11385 SW Fonner Street WCTM 2S103AC, tax lot 00900 and 01200 COMP PLAN DESIGNATION Low-Density Residential ZONE City of Tigard R-4 5 zoning district The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 765, 18 775, 18 790, 18 795, 18 797 and 18 810 SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the decision is based are noted in Section VI MLP2002-00002 ERVIN/STARK PARTITION PAGE 1 OF 17 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mi e o owing o e anning ivision ra i y , x or review an approval 1 Prior to final plat approval, the applicant shall provide a landscape plan for the 5-foot landscape buffer that is proposed along the private access 2 Prior to final plat approval, the appl�cant shall provide the City with a letter from the Tualatin Valley Fire and Rescue District indicating that the pro�ect will not have a detrimental effect on fire fighting capabilities and that hydrants are provided where needed 3 Prior to final plat approval, the applicant must provide a street tree plan The street tree plan must provide street trees alon the frontage of SW Fonner Street and the Private Access as required in Section 18 745 040(�) 4 The applicant shall place a note on the face of the plat or record CC&R's that assign the maintenance of the open space tract to parcel 3 Submit to the Engineering Department (Brian Rager, 639�171, ext 318) for review and approval 5 A Public Facility Improvement (PFI) permit is required for this pro�ect to cover the sanitary sewer taps and any other work in the public right-of-way Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department NOTE these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements Public Facility Improvement (PFI) permit plans shatl conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) 6 The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who wdl be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engineering Department wilf delay processing of pro�ect documents 7 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $60 00 (STAFF CONTACT Shirley Treat, Engineenng) 8 The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Fonner Street ad�acent to the sub�ect property, when any of the following events occur A when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District, B when the im�provements are part of a larger pro�ect to be financed or paid for in whole or in part by the City or other public agency, C when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D when construction of the improvements is deemed to be appropriate by the City Engineer in con�unction with construction of improvements by others ad�acent to the sub�ect site 9 The applicant shall cause a statement to be placed on the final plat to indicate that the proposed �oint private driveway will be �ointly maintained by the private property owners who abut and take access from it MLP2002-00002 ERVIN/STARK PARTITION PAGE 2 OF 17 ,� 10 The applicant shall either place the existing overhead utility lines along SW Fonner Street underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27 50 per lineal foot If the fee option is chosen, the amount will be $2,750 00 and it shall be paid pr�or to approval of the final plat 11 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global posifioning system (GPS) geodetic control nefinrork These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods 12 Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check in the amount of the current final plat review fee (Contact Planning/En�ineering Permit Technicians, at�503) 639-4171, ext 426) C The final pla and data or narrative shall be rawn to the mmimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard D The right-of-way dedication for SW Fonner Street, at 25 feet from the centerline, shall be made on the final plat E NOTE Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor F After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer si�nature (for partitions), or City Engineer and Community Development Director signa ures (for subdivisions) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit e o owing to t e anning ivision ra i y , x or review an approval 13 Prior to the issuance of any building permits, the applicant shall provide the City with confirmation from Clean Water Services that the applicant has complied with the Service Provider Letter #1254, dated July 27, 2001 14 Should any of the trees on site be damaged or removed during site preparation or develoPment of the lot, or the installation of the drainage pipe, the applicant shall immediately notify the City to discuss protection measures and mitigation if necessary 15 Prior to the issuance of building permits, the applicant shall either trim the large rhododendron to three feet, or relocate it so that it is out of the clear vision triangle as required by TDC Chapter 18 795 16 At the time of submittal for building permits for individual homes withm the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval 17 Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat MLP2002-00002 ERVI WSTARK PARTITION PAGE 3 OF 17 18 Prior to issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION SECTION III BACKGROUND INFORMATION Vicinit information A sing e-family residence currently occupies the site The surroundin� neighborhood is also single-family residences with a lot of opportunity for in-fill development similar to this proposal Pro ert Histo A Lot Line A �ustment was approved for the property in 2001 No other records were found Site Information and Proposal Description The applicant is seeking approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels two and three wdl be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract"A" is 16,231 square feet in area SECTION IV NEIGHBORHOOD COMMENTS All neighbors within 500 feet of the proposal were given the opportunity to comment on the proposal No comments were received SECTION V SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows A Land Partitions 18 420 (Land Partit�ons) B Zoning Districts 18 510 (Residential Zoning Districts) C Specific Development Sfandards 18 705 Access, Egress & Circulation) 18 715 Density Computations) 18 725 Environmental Performance Standards) 18 765 Off-Street Parking and Loading Requirements) 18 775 Sensitive Lands) 18 790 Tree Removal) 18 795 isual Clearance) 18 390 Impact Study Section 18 390 040) D Street and Utility Improvement Standards 18 810 (Street and Utility Improvement Standards) The proposal contains no elements related to the provisions of Code Chapters 18 720 (Design Compatibility), 18 730 (Exceptions to Development Standards), 18 742 (Home Occupations), 18 745 (Landscaping and Screening 18 750 Manufactured/Mobile Home Regu(ations), 18 755 (Mixed Solid Waste & Recyclable Storage�, 18 760 �Nonconforming Situations), 18 780 (Signs), 18 785 (Temporary Uses), and 18 798 (Wireless Communication Facdities) These Chapters are, therefore, found to be inapplicable as approval standards MLP2002-00002 ERVIN/STARK PARTITION PAGE 4 OF 17 SECTION VI APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION LAND PARTITIONS CHAPTER 18 420 Future re-division Section 18 420 020 D When partitioning tracts into large parcels, the director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of the zoning district and this title The proposal is for a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels two and three will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area This criteria is satisfied A�proval Criteria Section 18 420 050 The proposed partition complies with all statutory and ordinance requirements and regulations, The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval Therefore, this criterion is met There are adequate public facilities available to serve the proposal, Public facilities are discussed in detail later in this decision Based on the analysis Qrovided herein, staff finds that adequate public facilities are available to serve the proposal Therefore this criterion is met All proposed improvements meet City and applicable agency standards, and The public facilities and proposed improvements are discussed and conditioned later in this decision Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority, will insure that City and applicable agency standards are met Based on the analysis m this decision, this criterion is met All proposed lots conform to the specific requirements below The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district The minimum lot width requirement in the R-4 5 zoning district is 50 feet The widths of the newly created lots are proposed to be as follows Lot#1- 100 feet wide, Lot#2 - 80 feet wide, Lot#3- 108 feet wide, and Tract A - 122 feet wide All three lots will exceed the minimum lot width standard of 50 feet Therefore, this criterion is met The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in �he lot area The minimum lot area requirement in the R-4 5 zoning district is 7,500 square feet for singie-family residences The proposed lots exceed the minimum lot sizes of the zone There are no flag lots associated with this proposal Therefore, this criterion is met Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement MLP2002-00002 ERVIN/STARK PARTITION PAGE 5 OF 17 Lot 1 has 100 15 feet of frontage on SW Fonner Street, Lots 2 and 3 are served by a 25-foot-wide access easement Tract A is being set-aside as an environmental sensitive tract This standard has been met Setbacks shall be as required by the applicable zoning district There is already one, single-family residence on Lot 1 that has a garage within a foot of the existing property line The applicant is not requesting a variance or seeking to expand the structure If the structure were to be expanded, it would be required to meet the five-foot side yard setback Future development on Lots 2 and 3 will be sub�ect to all setback requirements at the time of development Tract A is not buildable This standard has been met When the partitioned lot is a flag lot, the developer may determine the locat�on of the front yard, provided that no side yard is less than 10 feet Structures shall generally be located so as to maximize separation from existing structures None of the proposed lots fit the definition of flag lot Therefore, this standard is met A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18 745 040 Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The access for Lots 2 and 3 is located within ten feet of an abutting lot, and the applicant has proposed to place a 5-foot buffer along the access This criterion is not satisfied FINDING The applicant has mdicated a 5-foot landscape buffer along the private access, but has not provided a plan for staff to ensure that the landscaping will meet the screening requirements CONDITION Prior to final plat approval, the applicant shall provide a landscape pian for the 5-foot landscape bufFer that is proposed along the pnvate access The fire district may require the installation of a fire hydrant where the length of an accessway would have detrimental effect on fire-fighting capabilities The Fire District has provided comments that state that a minimum of one fire hydrant will be required for this development There are additional requirements in the agency comments listed later in this report that must be met prior to construction This standard has not been satisfied FINDING As proposed, the proJect does not meet the requirements of the Tualatin Valley Fire and Rescue CONDITION Prior to final plat approval, the applicant shall provide the City with a letter from the Tualatin Valley Fire and Rescue District indicating that the proJect will not have a detrimental effect on fire fighting capabilities and that hydrants are provided where needed Where a common drive is to be provided to serve more than one lot a reciprocal easement which will ensure access and maintenance rights shall be recorded wit� the approved partition map A 25-foot access is being recorded with this plat as an easement to the back two lots and Tract A This standard is satisfied Any accessway shall comply with the standards set forth in Chapter 18 705, Access, Egress, and Circulation As discussed later in this analysis, the proposal will comply or be conditioned to comply with the Access, Egress, and Circulation standards This criterion is satisfied MLP2002-00002 ERVIN/STARK PARTITION PAGE 6 OF 17 Where landfill and/or development is allowed within or ad�acent to the one-hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway ad�oining and within the floodplain This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan There is no one-hundred-year floodplain associated with this site Therefore, this criterion is not applicable An appI�cation for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18 370, Variances and Ad�ustments The applications for the partition and variance(s)/ad�ustment(s) will be processed concurrently No variances or ad�ustments are requested or required with this application Therefore, this standard is not applicable Residential Zoning Districts 18 510 Development standards in residential zoning districts are contained in Table 18 510 2 below TABLE 18 510 2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4 5 PROPOSED Minimum Lot Size -Detached unit 7,500 sq ft 14,554/7998, and 10 796 sq ft -Duplexes 10,000 sq ft -Attached unit 1 Average Minimum Lot Width -Detached unit lots 50 ft 100 15 80, and 108 feet -Duplex lots 90 ft -Attached unit lots Maximum Lot Covera e - - Minimum Setbacks -Front yard 20 ft Applied at the time of budding permit -Side facing street on corner 8�through lots 15 ft -Side yard 5 ft -Rear yard 15 ft -Side or rear yard abutting more restrictive zoning district -Distance between ro ert line and front of ara e 20 ft Maximum Hei ht 30 ft unknown Minimum Landsca e Re wrement - - [1]Smgle famdy attached residential urnts permitted at one dwell�ng per lot with no more that five attached units in one groupmg [2]Lot Coverege inCludes all bmldmgs and imperv�ous surfaces A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes meet this standard, however, the site size will be confirmed by survey prior to final plat approval Development standards will apply to all future development of the sites Section 18 705 Access, Eqress, and Circulation Access, Egress and Circulation is partially addressed under Chapter 18 420 in this decision In addition, the following provisions are applicable Public street access All vehicular access and egress as required in Sections 18 705 030H and 18 705 030 I shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis Lots two and three are served by a 25-foot access that will paved and connect directly to Fonner Street Lot one has access directly to SW Fonner Street The applicants' plans indicate that this standard will be met MLP2002-00002 ERVIN/STARK PARTITION PAGE 7 OF 17 Curb cuts Curb cuts shall be in accordance with Section 18 810 030N Minimum access requirements for residential use Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following a A circular, paved surFace having a minimum turn radius measured from center point to outside edge of 35 feet, b A hammerhead-configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet, c The maximum cross slope of a required turnaround is 5% The private access is greater than 150 feet in length, and the applicant has proposed a hammerhead that meets the design requirements as required, therefore, this standard is satisfied Vehicle turnouts, (providing a minimum total drrveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backing motions in situations where two vehicles traveling in opposite direct�ons meet on driveways in excess of 200 feet in length, There are no driveways associated with this pro�ect that are greater than 200 feet in length, and the access is 25-foot-wide This criterion is satisfied Where permitted, minimum width for drrveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site The lots will all have access off of SW Fonner Street, which is classified as a neighborhood route by the City of Tigard This criteria has been satisfied DENSITY COMPUTATIONS CHAPTER 18 715 18 715 020 Density Calcu ation Definition of net develo ment area Net development area, in acres, shall be determined by subtracting the o lowing land area s) from the gross acres, which is all of the land included in the legal description of the property to be developed 1 All sensitive land areas a Land within the 100-year floodplain, b Land or slopes exceeding 25%, c Drainage ways, and d Wetlands 2 All land dedicated to the public for park purposes, 3 All land dedicated for public rights-of-way When actual information is not available, the following formulas may be used a Single-family development allocate 20% of gross acreage, b Multi-family development allocate 15% of gross acreage 4 All land proposed for private streets, and 5 A lot of at least the size required by the applicable base zoning d�strict, if an existing dwelling is to remain on the site 1 15 acres x 43,560 square feet= 50,094 Sensitive Areas Tract - 16,231 Existin Home - 14,554 Ri ht o�Wa - 1001 5 et Deve opa le Area 8,307 5 Square Feet MLP2002-00002 ERVIN/STARK PARTITION PAGE 8 OF 17 B Calculatin maximum number of residential units To calculate the maximum number of residentia units per net acre, drvide the num er of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district The maximum number of residential units that would be available to the site is 2 The proposal calls for 2 residential units This standard has been satisfied C Calculating minimum number of residential units As req uired by Section 18 510 040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0 8� The minimum number of residential units that the new lot can accommodate is 1 represented as 80% of the maximum This standard has been satisfied ENVIRONMENTAL PERFORMANCE STANDARDS CHAPTER 18 725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard Section 18 725 030 Performance Standards regulates Noise, visible emissions, vibrat�on and odors Noise For the purposes of noise regulation, the provisions of Sections 7 41 130 through 7 40 210 of the Tigard Municipal Code shall apply Visible Emissions Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 3d0-28-070) apply Vibration No vibration other than that caused by highway vehicles, trains and aircraft is permitted in any grven zoning district which is discerni6le without instruments at the property line of the use concerned Odors The emissions of odorous gases or other matter in such quantities as to be readily detectable at an point beyond the property line of the use creating the odors is prohibited DEQ rules for odors (�340-028-090) apply Glare and heat No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and, 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source, and 2) these regulations shall not apply to signs or floodlights in parkin� areas or construction equipment at the time of construction or excavation work otherwise permitted by this title Insects and rodents All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard FINDING As this is a typical detached single-famdy pro�ect, which is a permitted use in the R-4 5 zone, none of the environmental condifions that have been listed above will be compromised beyond allowable leveis The above performance standards are met These standards would be sub�ect to code enforcement investigation if for some reason the above standards were in question LANDSCAPING AND SCREENING CHAPTER 18 745 Street trees Section 18 745 040 Section 18 745 040 A All development pro�ects fronting on a public street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18 745 040C There are no street trees proposed This criterion has not been satisfied MLP2002-00002 ERVIWSTARK PARTITION PAGE 9 OF 17 FINDING 18 745 040 tion does not provide for street trees as required by the TDC Section CONDITION Prior to final plat approval, the applicant must provide a street tree plan The street tree plan must provide street trees along the frontage of SW Fonner Street and the Private Access as required in Section 18 745 040(C) OFF-STREET PARKING AND LOADING REQUIREMENTS CHAPTER 18 765 This Chapter is applicable for development pro�ects when there is new construction, expansion of existing use� or chan�e of use in accordance with Section 18 765 070 Minimum and Maximum Off-Street Parking Requirements The proposed pro�ect will create 2 new lots for single-family dwellings Submittals of detailed plans for the construction of homes within the development are not necessary at this time Table 18 765 2 requires that one (1) off-street parking space be provided per detached dwelling unit There is no maximum limit on parking allowed for detached single-family dwellings There is also no bicycle parking requirement for single-family dwellings Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones To ensure that homes constructed in this development comply with these standards, the following condition shall apply CONDITION At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home SENSITIVE LANDS CHAPTER 18 775 B Sensitive lands ermits issued b the Director 1 The Director shall have the aut ority to issue a sensitive lands permit in the following areas by means of a Type II procedure, as governed in Section 18 390 040, using approval criteria contained in Section 18 775 070 C-E- a Drainageways, b Slopes that are 25% or greater or unstable ground, and c Wetland areas which are not regulated by other local, state, or federal agencies and are designated as significant wetlands on the Comprehensive Plan Floodplain and Wetland 1lllap 2 Sensitrve lands permits shall be required for the areas in Section 18 775 020 D1 above when any of the following circumstances apply a Ground disturbance(s) or land form alterations involving more than 50 cubic yards of material, b Re�air, reconstruction, or improvement of an existing structure or utility, the cost of which equals or exceeds 50 percent of the market value of the structure prior to the improvement or the damage requiring reconstruction, c Residential and non-residential structures intended for human habitation, and d Accessory structures which are greater than 528 square feet in size, outside floodway areas The original proposal involved placing a drainage pipe withm the buffer area of the minor stream that is located on the north end of the site The applicant has provided a natural resource assessment to address the necessary techniques and mitigation measures that would be used so that the integrity of the buffer would not be compromised Since the original proposal, the applicant has revised his pfans such that the pipe will no longer encroach into the buffer area The applicant has also set aside the buffer area as a tract and has indicated that parcel 3 would be responsible for the maintenance of the tract Therefore, the sensitive lands review and water resources overlay rev�ew is no longer necessary The applicant should note that any work within the buffer area will require approval from the US Army Corps of Engineers and the Oregon Division of State Lands FINDING The applicant has indicated that parcel 3 would be responsible for the maintenance of the open space tract at the north end of the site MLP2002 00002 ERVIWSTARK PARTITION PAGE 10 OF 17 CONDITIONS . The applicant shall place a note on the face of the plat or record CC&R's that assign the maintenance of the open space tract to Parcel 3 . Prior to the issuance of any building permits, the applicant shall provide the City with confirmation from Clean Water Services that the applicant has complied wit(i the Service Provider Letter#1254, dated July 27, 2001 TREE REMOVAL CHAPTER 18 790 Tree Plan Requirement Section 18 790 030 Tree plan required A tree plan for the planting, removal and protection of trees prepared by a certi if ed arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed Protection is preferred over removal wherever possible The applicant has indicated that none of the trees would be removed during construction There are no trees on proposed Lot 2 and 3 that will be required to be removed to accommodate construction The applicant has provided an arborist's report and natural resource assessment that indicates the buffer area and all tfie trees are in good shape and as indicated in the previous discussion there are no immediate plans to do any work that would impact the buffer or the trees FINDING Although there are no trees proposed for removal, there is a possibility that trees could be affected during the installation of the drainage pipe Therefore, the following condition shall apply CONDITION Should any of the trees on site be damaged or removed during site preparation or development of the lot, or the installation of the drainage pipe, the applicant shall immediately notify the City to discuss protection measures and mitigation if necessary VISUAL CLEARANCE AREAS CHAPTER 18 795 Visual Clearance Requirements Section 18 795 030 At corners Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property ad�acent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or prrvate street Obstructions proh�bited A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the }op of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this he�ght may be located in this area, provided all branches below eight feet are removed Additional to o ra hical constraints Where the crest of a hill or vertical curve conditions contribute to the o struction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shalf be further reduced in height or eliminated to comply with the intent of the required clear vision area Computations Section 18 795 040 Non-arterial streets Non-arterial streets 24 feet or more in width At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a trian�le formed by the right-of-way or property lines along such lots and a straight line �oining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines See Figure 18 795 1 MLP2002-00002 ERVIWSTARK PARTITION PAGE 11 OF 17 FIGURE 18 7951 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS ��;6 �w�un � �►°`Y 1 � , �� / �� �" �►" 3°� Lrhe� —, , —— F� g0' � � 30� ——�F �' �' ��k y ��t The applicant has not identified visual clearance areas on the site, but staff has visited the site and observed a large Rhododendron located in the southwest corner of lot one that appears to be located within the vision clearance triangle FINDING A larg e rhododendron impedes the visual clearance area where the private access meets SW Fonner Street CONDITION Prior to the issuance of building permits, the applicant shall either trim the large rhododendron to three feet, or relocate it so that it is out of the clear vision triangle as required by TDC Chapter 18 795 D IMPACT STUDY Section 18 390 040 B e Requires that the applicant shall include an im pact study The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users In situations where the Community Development Code requires the dedication of real propert� interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the pro�ected impacts of the development Section 18 810 030 A 1 states that streets within a develo ment and streets ad�acent shall be improved in accordance with the Tigard Development Code (TDC�standards The applicant has proposed to dedicate 10 feet along S1IV Fonner Street Since development can only occur when a lot has access to an improved street, the applicant is required to enter into a future street improvements agreement Thus, the applicant has concurred with the dedication and improvements withm his application Therefore, all im acts related to the transportation system have been miti ated within the pro osal, and no other dedications are necessary All other impacts have been addressed elsewhere m this decision This cnterion has been satisfied Street And Utility Improvements Standards (Section 18 810) Cha�ter 18 810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage The applicable standards are addressed below Streets MLP2002-00002 ERVIN/STARK PARTITION PAGE 12 OF 17 Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030(E) requires a neighborhood route street to have a 50-foot right-of-way width and a 32-foot paved section Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees This site lies ad�acent to SW Fonner Street, which is classified as a neighborhood route on the City of Ti ard Transportation Plan Map, as modified by the recently adopted Transportation System Plan (TSP) A�present, there is approximately 20 feet of ROW north of the centerline, according to the most recent tax assessor's map The applicant should dedicate additional ROW to provide a minimum of 25 feet from the centerline The applicant's plan shows that they are prepared to dedicate up to 30 feet from the centerline, as the classification for Fonner Street, prior to the adoption of the TSP, was minor collector Now that the classification has changed, the ROW dedication requirement is less SW Fonner Street is currently paved but not fully improved to City standards TMC 18 810 030(A)(1) states that streets within a develo ment and streets ad lacent shall be improved in accordance with City standards However, 18 810 030�A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the pro�ect does not, by itself, provide a significant improvement to the street safety or capacity Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, will not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition wdl not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried out by the City, a third party, or through a local improvement district This agreement must be executed prior to approval of the finaf plat Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entering into the future improvement agreement for Fonner Street, the applicant will satisfy this requirement Sanitary Sewers Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensrve plan Over-sizing Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-inch public sewer line located in Fonner Street that has sufficient capacity to serve this development The applicant's plans shows that they wdl extend finro service laterals into fhe site to serve the three parcels Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provisions for storm water and flood water runoff MLP2002-00002 ERVIN/STARK PARTITION PAGE 13 OF 17 Accommodation of U pstream Drainage Section 18 810100 C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) There are no upstream public drainageways that impact the proposed parcels Effect on Downstream Drainage Section 18 810 100 D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the development until provis�ons have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construct�on Standards for Sanitary and SurFace Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan Section V of that plan includes a recommendation that local governments institute a sformwater detention/effective impennous area reduction prog ram resulting in no net increase in storm peak flows up to the 25-year event The City wdl require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff will be permitted to discharge without detention There is a drainageway ad�acent to the north (downhill) side of the property where drainage from this development could be directed Onsite detention is not required for minor developments such as residential land partitions Staff has talked with the applicant about how they could discharge their storm water to this area without disturbing the sensitive area corridor, and thereby avoiding the need for a Sensitive Lands review The applicanf stated that they would have their engineer analyze a method of discharge that uses an infiltration trench placed along the edge of the sensitive area boundary The trench should be placed at a level grade and allow water to percolate into the soil During the winter months, should the trench capacity be exceeded, the water could simply overflow the trench and gently sheet flow down into the sensitive area This method, if designed properly, should function well and avoid erosion of the bank Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810 110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way Fonner Street is not classified as a bike facility Therefore, no bike lanes are required Cost of Construction Section 18 810 110 B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements N/A Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from the road is eight feet N/A MLP2002-00002 ERVIWSTARK PARTITION PAGE 14 OF 17 Utilities Section 18 810 120 states that all utility lines, but not I�mited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surFace mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and . The developer shall make all necessary arrangements with the serving utility to provide the underground services, . The City reserves the right to approve location of all surface mounted facilities, . All uncferground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made Exception to Under-Grounding Requirement Section 18 810 120 C states that a developer shall pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a street where existing utilities whicl� are not underg round will serve the development and the approval authority determines that the cost and technical difficulty of under-g rounding the utilities outweighs the benefit of under-grounding in con�unction with the development The determination shall be on a case-by-case basis The most commonr but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding There are existing overhead utility lines along the frontage of SW Fonner Street If the fee in-lieu is proposed, it is equal to $27 50 per lineal foot of street frontage that contains the overhead lines The frontage along this site is 100 lineal feet, therefore the fee would be $2,750 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System This site will be served by the City's public main line in Fonner Street The applicant will need to coordinate with the City with respect to the new water services Storm Water Qualitv � e City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Serv�ces (CWS) Design and Construction Standards (adopted by Resolution and Order No 00-7) which require the construction of on-site water quality facilities The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year The CWS standards include a provision that would exclude small pro�ects such as residential land partitions It would be impracticaf to require an on-site water quality facility to accommodate treatment of the storm water from Parcels 2 and 3 Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facdity if deemed appropnate Staff recommends payment of the fee in-lieu on this application Address Assi nments The City o Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of $30 00 per address shall be assessed This fee shall be paid to the City prior to approval of the final plat For this pro�ect, the addressing fee will be $60 to cover the new addresses for Parcels 2 and 3 MLP2002 00002 ERVIN/STARK PARTITION PAGE 15 OF 17 Surve Re uirements The applicant's inal plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control nefinrork These monuments shall be on the same line and shall be of fhe same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods In addition, the applicant's as-built drawings shall be tied to the GPS nefinrork The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91� SECTION VII OTHER STAFF COMMENTS City of Tigard Police Department indicated the following . Would like to see an address monument at the foot of the private access easement for identifying the residences at the end of the access City of Tigard Water Department has offered the foliowing comment . No ob�ections—water service wdl be instailed once meters have been purchased City of Tigard Operations Department indicated the following . No Comment City of Tigard Building Division reviewed the proposal and provided the following comment . Access shall be in compliance with the Uniform Fire Code Permits will be required for all utilities in easements that are pnvate SECTION VIII AGENCY COMMENTS Clean Water Services was notified and provided comments that have been addressed in part by the City's Development Review Engineer (Brian Rager) The applicant is required to abide by the Service Provider letter#1254, dated July 27, 2001 Tualatin Valley Fire & Rescue provided the following comments . A minimum of 1 fire hydrant shall be provided for this development The hydrant shall be installed so that no part of any new structure is more than 500 feet from a fire hydrant (UFC 903 4) . Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec 902 2 4) . The access easement shall be designated as a fire lane and no parking will be allowed No Parking signs shall be designed and installed to City of Tigard standards . Public streets shall have a maximum grade of 15% Private fire apparatus access roadway grades shall not exceed an average grade of 10% with a maximum grade of 15% for lengths of no more than 200 feet Intersecfions and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off (UFC Sec 902 2 2 6) MLP2002-00002 ERVIN/STARK PARTITION PAGE 16 OF 17 . The minimum available fire flow for single famdy dwellings and duplexes shall be 1,000 gallons per minute Fire flow documentation shall be provided lf the structure(s) is (are) 3,600 square feet or larg er, the required fire flow shall be determined according to UFC Appendix Table A-lll-A- 1 (UFC Rppendix III-A, Sec 5) . Approved fire apparatus access roadways and firefi hting water supplies shall be installed and operational prior to stockpilmg combustibles on-si�e or the commencement of combustible construction (UFC Sec 8704) SECTION IX PROCEDURE AND APPEAL INFORMATION Notice Notice was mailed to X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL MAY 10, 2002 ON AND BECOMES EFFECTIVE ON MAY 25, 2002 UNLESS AN APPEAL IS FILED T�A eal ector's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON MAY 24, 2002 uestions I you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 �'� �� May 10, 2002 PREPARED BY Brad Kilby DATE Associate Planner MLP2002-00002 ERVIN/STARK PARTITION PAGE 17 OF 17 . . . � GEOGRAPX C INFOpM�TION SVS EM W YICINITY MAP _ � " TREET � M LP2002-00002 >W BAMBI Lj � Q SLR2001-00005 _ Q Q � - - - - - - - - _ � � E RVI N/STARK SW ER o�sT � PARTITION � � � e— � e-- �� P�LQR F RF � R� :.� ��„ ,� , FCR� /�? N S I � 1 ai g��u 4 ��"'c � f b�� i .rj � �rr f _ ��*i�, q ' � �/ < � � ����� su� Lrr'aq ���� — �4 xnni�n e� l5 i � S qE�FBFNCftC �����p5 ftp 1 P P��` Tigard Area Map � � T ♦ N U Q �1�Jl� 0 100 200 300 400 Feet FQ � 1=321 feet �� N CT - � ��' C�ty of Tigard O .D �� D Infortnalion on Ihis map is!or generel location only and �J r should be venfied vnth lhe Development Services Drvision D vi�� 13125 SW Hall Blvd f Tigard OR 97223 (503)639-0171 � hilp I/wwnv ci tigard or us Community Development Plot date Apr 4 2002 C�magic\MAGIC03 APR ,. — -_--- - - - — -- -- - - -- � � ��' ` � � � I N � � ��a� � � � � , � �� � � . � n � � - � � � � � � � � � �� �� �� � � � � � d � � � � � $ � � � � �� � �� � � � � � v � . � � � �� � I � � � O ; . � � ��.�e E d"�r';;w , r�wm,av aur ,��—aen �� � 1 �I 1 - I�o � RIRGiL ! 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LOT� '� ~���� \ I / I I u��wr� � I I L07 3 LOT Q /RICT 8 3 II I � � � °�'� m � �acr o�rx m�ehs < p � � 'e " O I I I ? i� � � � � O a ° � 0 � ^+ � . � H � -- -- - -__ a � _ � s�v,�r,xac� � N — � O O ,an,�vvaa, a � N 1 �e���u � p �r txrr ra...0 Z O O O � CITY OF TIGARD PLANtVING DIVISION �� EXHI?��� � John Stark and Kim Ervin MLP2002-00002 PO Box 23215 ERVIN/STARK PARTITION Portland, OR 97281 AFFIDAVIT OF MAILING CITYOFTIGARD �'ommurtity�DeveCoprnent SFiapingA Bette��om�nuntty I, �Patricia G. Gun ford being first duly sworn/affirm, on oath depose and say that I am a SeniorAc�ministratr've SpeciaCut for the City of 7fgarcf, 'Washirr9ton County, Oregon and that I served the following: (Check Appopria�e Box(s)Bebw} ❑x NOTICE OF UECISION FOR: MLP2002-00002/SLR2002-00005 — ERVIN/STARK PARTITION � AMENDED NOTICE (File NolName Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B", and by reference made a part hereof, on May 10,2002, and deposited in the United States Mail on May 10,2002, postage prepaid. r ( [.�( • ��\ / � .� �` (Person that Prepared Notic ) ,Srr'A�o��GoN ) County of`Was zngton )ss. Ci�y of 2igard ) ,.� Subscribed and sworn/affirmed before me on the�day of , 2002. OFFICIAL SEAL � DIANE M JELDERKS �' �` � NOTARY PUBLIC-OREGON COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 My Commission Expires a - EXHIF�T �� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00002 CITYOFTIGARD Commuraty�DeveCopment ERVINISTARK MINOR LAND PARTITION ShapingABetterCommunity 120 DAYS = 7/30/2002 SECTION I APPLICATION SUMMARY FILE NAME ERVINISTARK MINOR LAND PARTITION CASE NOS Minor Land Partition (MLP) MLP2002-00002 Water Resources Overlay Review (SLR) (NOT REQUIRED) SLR2002-00005 PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel one has an existing home on site, parcels finro and three will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and10,796 square feet respectively Tract "A" is 16,231 square feet in area APPLICANT John Stark PO Box 23215 Portland, OR 97281 OWNERS Kim Ervin and John Stark PO Box 23215 Portland, OR 97281 LOCATION The pro�ect is located at 11385 SW Fonner Street, WCTM 2S103AC, Tax Lot 00900 and 01200 COMP PLAN DESIGNATION Low-Density Residential ZONE City of Tigard R-4 5 zoning distnct The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 765, 18 775, 18 790, 18 795, 18 797 and 18 810 SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall THIS APPROVAL SHALL BE VALID FOR 18 MONTHS ' � �� {FROM THE~EFFECTIVE DATE O�THIS DECISION �- -- -��-- �` All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the time of the request SECTION III PROCEDURE AND APPEAL INFORMATION Notice Notice mailed to X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL ON MAY 10, 2002 AND BECOMES EFFECTIVE ON MAY 25, 2002 UNLESS AN APPEAL IS FILED �A e�al The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON MAY 24, 2002 uestions For urther information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hail Boulevard, Tigard, Oregon 97223 _��, , � - — - - - � ' YICIMITY L7AP � T MLP�002 00002 Sw��� > SLR200100005 W ¢ a ¢ ~ ~ ERVIN/STARK SW EP PARTITIDN I N ` 'A°° � �� 4 J ••" rj� `'`�F_r sT �''' ��_�❑ {�I�� ' i N .,..,�4 ��—�� F �. ��.�iq ' i PP�� � �1� T • N U ,,.� � .n � � Cry lTpN � � r..ra pw a � ♦ a—— / _•— � i _°— m � ,/ (�/ � y ! � �d" ��,� $ —,�.�. a8 ' �-' . y �o.,�.ns � V/�:�' �°�°mmr /� / - em��m / / Z %+ �i// e` ae.... � �� O �7I' '� /��� ° � � I e� � 9 > � � � q-��� �rB� Z ��'; -� i 9 � � c g Z I i� 9 Z � � 7- � � - -- - -_- - , ' �� � -- - -o -— - �� r � g Q' � � ��a i § � Q � ' I � � � ����, ,- �� , � ��' o k4Ei '— � \ k I�I � / � � {$ ' `�e i�g 489 U - -1 =� 4 � � � -r'Y.�r� l$!1Hl9VKH.116 � /� ' I - _ _ � - _ � - �/- � �i � 6�h �� � � ! 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ABEYTA JAMES A&IRENE I BRADY COREY E&SUSAN K �dnra+d��� � 12507 SW 114TH TER 12855 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103BD-06500 2S103AC-00507 ARIFIN LESLIE P& BRANDON TIMOTHY& TEE MAY H BRANDON ANNE M 12610 SW 116TH AVE 12555 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S 103B DA7400 2S 103AC-03600 BARLOW LEWIS R&NANCY J BROWN IAN A&MARIAN R 12575 SW 115TH AVE 12512 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97224 2S 103BD-07200 2S 103AC-06200 BAYLEY GLEN M&LAURIE M BURGESS JAMES F&MARY B 12517 SW 115TH AVE 11350 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S103AC-06700 2S103AC-05500 BILODEAU DOUGLAS J& BURK RICK R NICOLE S 12687 SW 113TH PL 12899 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S'103AG03400 2S103AC-04000 BLACK JULIE M& BURNS RUSSELL L 8 LORRAINE H JEFFERY DONALD 12590 SW 114TH TER 521 HAHAIONE ST 2 9J TIGARD OR 97223 HONOLULU HI 96825 103AC-06000 2S103AB-02600 B ER ES INC CAMPBELL BARBARA J 0 11400 SW WALNUT ST TIGARD OR 97223 2S 7 03BD-07600 2S 103AC-05300 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HAMPTON PT LLC H ER OODLAND LLC BY THOMAS FISHER 4351 CULLEN BLVD PO BOX 11370 P RTLAN R 97221 PORTLAND OR 97211 2S103BD-08100 S1038D 1000 HARDIN PAUL S&KATHLEEN H TE OODLAND LLC 12514 SW 115TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S 103BD-05900 2 1038 D-0990 HARFIELD LEE R&MARY K HU ER OODLAND LLC 12720 SW 116TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S103BD-06000 2 03BD-08900 HAYDEN DARRON R&WENDY HU R OODLAND LLC 12716 SW 116TH AVE 4351 CULLEN BLVD TIGARD OR 97223 RTLAN OR 97221 2S103AC-05400 2S103AG-03500 HELLHAKE FRANK J& JACKOLA JASON B TALBERT SHELLEY A JACKOLA ERICA L 12709 SW 113TH PL 12498 SW 114TH TER TIGARD OR 97223 TIGARD OR 97223 2S103BD-06100 2S103AG03300 HILDENBRAND RYAN P&JENNER L JOHNSON MICHAEL B&VALERIE L 12712 SW 116TH AVE 12525 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S103AC-01400 2S103AC-07400 HOBBS RONALD E AND JUNE E K&W DEVELOPMENT INC 7205 SW VENTURA DR 9155 SW RAMBLER LN TIGARD OR 97223 PORTLAND OR 97223 2S103D8-09500 2S103AB-02900 HONEYCUTT PROPERTIES LLC KIEF RONALD 8 PATRICIA E TRS 1205 SE GRAND AVE 12454 SW 114TH TER PORTLAND OR 97214 TIGARD OR 97223 103AC-05900 2S103BD-06400 HU LT EEK ESTATES KNAPPICH THOMAS R 8�CAROL A OWN F LOTS 3 6 12626 SW 116TH AVE TiGARD OR 97223 I. 2S1036D-07900 2S103BD-08400 LEITCH KATHRYN S MULLEN MICHAEL EDWARD 8 12554 SW 115TH AVE TAMARA LEE TIGARD OR 97223 11577 SW BAMBI LN TIGARD OR 97223 2S 103AC-03200 2S 103AC-04800 LESAGE PETER C AND ANN T MYERS SHERRY L 12495 SW 112TH do MYERS DANA L TIGARD OR 97223 12487 SW 114TH TERR TIGARD OR 97223 2S 103AC-04200 2S 103AC-07500 LIBERT SCOTT A AND CYNTHIA M NAVAS MARIANA 12636 SW 114TH TERRACE 12958 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-05800 2S 103AC-07 800 LIDAY GARRY&LOUISE A NEUMANN MICHAEL F 12621 SW 113TH PL 11200 SW FONNER STREET TIGARD OR 97223 TIGARD OR 97223 2S 103BD-06600 2S 103AC-01300 LIU CHENG JUI OAK RICKY J�BARBARA T 12586 SW 116TH AVE 11245 SW FONNER ST PORTLAND OR 97223 TIGARD OR 97223 2S 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2S103AC-01900 2S103AC-06500 ROGERS PAUL SMITH GEOFFREY K& 11230 SW FONNER ST JANEA TIGARD OR 97223 12801 SW 113TH PL TIGARD OR 97223 2S703AC-07200 2S1038D 10700 S R TURNER CONSTRUCTION LLC SMITH WILLIAM L&MARGARET O 8835 SW CANYON LN#408 33350 NE OLD PARRETT MTN RD PORTLAND OR 97225 NEWBERG OR 97132 2S103AC-06900 1038D-0440 S R TURNER CONSTRUCTION LLC& SM IAM L&MARGARET O WILLIAMS JAMES B/CAROL L 333 OLD PARRETT MTN RD 9155 SW RAMBLER LN WBERG R 97132 PORTLAND OR 97223 2S 103AC-02900 2S 103AC-00900 SALING WALTER ALLEN STARK JOHN& 12465 SW 112TH AVE ERVIN KIM TIGARD OR 97224 PO BOX 23215 PORTLAND OR 97281 2S103AC-01700 2 103AC-0120 SCHULTHEIS ERIC D 8 STA JO 8 11180 SW FONNER ST ERVI TIGARD OR 97223 PO OX 2 15 RTLAND OR 97281 2S103AG07300 2S703AC-03900 SCHWEITZ ERIC A& STEPHENS GAIL O 8 JAMES F MARTHA L 12578 SW 114TH TERR 12980 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103AC-06800 2S703AC-00203 SELLICK LEE A&BETSY STEPHENS JAMES F&GAIL OLSON 12911 SW 113TH PL 12578 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S 103AC-05600 2S 103AC-06100 SHIPLEY LANE A 8 LUCY A THOMPSON JANET 12665 SW 113TH PL 11340 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S703BD-08709 2S103BD-08000 TI D #'fl'OF WONG CHI L 8 131 W HALL CEN MILAO HUA 8 ARD R 97223 CHI FUNG CHUN 12540 SW 115TH AVE TIGARD OR 97223 2S103AC-077 0 2S103AC-03800 TI RD TY OF YESILADA BIROL A&SUSAN D 131 W HALL 12556 SW 114TH TERR ARD R 97223 TIGARD OR 97223 2S103BD 10 0 TI R ITY OF 131 W HALL GARD OR 97223 � 2S103BD 1060 TIG D OF 131 HALL ARD 97223 2S103BD-08200 UNG NGENG KHOY 8 CHEU EAV PEANG& UNG KEVIN 12500 SW 115TH AVE TIGARD OR 97224 2S703AC-01501 VOORHEESJOHNJ KATHRYN A 11145 SW FONNER RD TIGARD OR 97223 2S 103AB-02700 WASHINGTON COUNTY SUPPORT SERVS FACILITIES MGMT 111 SE WASHINGTON ST MS42 HILLSBORO OR 97123 2S103AC-04400 WASSERMAN TODD C&JILL M 12567 SW 114TH TER TIGARD OR 97223 2S 103BD-07800 WEBB TANYA R 8 JEROME P 12562 SW 115TH AVE TIGARD OR 97223 2S103AC-05700 WISNER LEONARD P&KATHLEEN L 12643 SW 113TH PL TIGARD OR 97223 . Jack Biethan 11023 SW Summerfield Dnve#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Bedstein 14630 SW 139�Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Dnve Tigard, OR 97223 Susan Bedke 11755 SW 114� Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE �i\curpin\setup\labels\CIT Central doc) UPDATED December 2�, 2001 �� 1 AFFIDAVIT OF MAILING CITYOFTIGARD �ommumty�DeveCopment S�raptng?l ydetterCommvmty I �atncTa L Gunsf orQ being first duly sworn/affirm, on oath depose and say that I am a Sen�orAdmmutrat�ve SpectaGst for the �`cty of 7'tgarct, `tNashzngton County, Oregon and that I served the follow�ng �cnecx novmw�e eoxc5�6eJowf ❑X NOTICE OF PENDIN6 LAND USE APPLICATION FOR MLP2002 00002/SLR2002 00005 — ERVIN/STARK PARTITION ❑ AMENDED NOTICE (File NoJName Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhlblt'B",and by reference made a part hereof, on Ap�ll 5,2002.and deposited in the United States Mad on April 5,2002,postage prepaid � __ ll7 (Person that Pre red otice) s'�'A�o�o�Goar ) County of'(Nas ington )ss C4ty of�igard ) � Subscribed and sworn/affirmed before me on the � � day of , 2002 OFFICIAL SEAL G�AA n �D�,/�� �, j DIANE M JELDERKS vv(.c_ ;��� NOTARY PUBLIGOREGON COMMISSION NO 326578 MY COMMISSION EXPIRES SEPT 07,2003 �COR11111SSIOII dl�l 7 ti r�1 } NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER ������ i "� THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PEHDING LAND USEAPPLICATION MINOR LAND PARTITION CITYOFTIGARD Commumty�Development Sha tngABetterCommuraty DATE OF NOTICE April 5, 2002 FILE NUMBERS MINOR LAND PARTITION (MLP) 2002-00002 WATER RESOURCES OVERLAY REVIEW (SLR) 2002-00005 FILE NAME ERVIN/STARK PARTITION PROPOSAL Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels #2 and #3 will be developed with single-famdy residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM ON APRIL 19. 2002 All comments should be directed to Brad Kilby. Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard by telephone at (503) 639-4171 ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5 00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR MAY 9. 2002 IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION ♦ Address the specific "Applicable Review Criteria" described in the section above or any other critena believed to be applicable to this proposal, ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue � 4� I Failure of any party to address the relevant approval criteria with suffic�ent specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue Specific findings directed at the relevant approval criYeria are what constitute relevant evidence AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITfED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION SUMMARY OF THE DECISION-MAKING PROCESS ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period ♦ The application is reviewed by City Staff and affected agencies ♦ City Staff issues a written decision ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site, all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll, any City-recognized neighborhood group whose boundaries include the site, and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice INFORMATION/EVIDENCE AVAILABLE FOR REVIEW The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this service Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments " _ Nftr ti YICINITY MAP x � T T MLP2002-00002 WW�B��N � Q SLR200� 00005 < � � ________ P � ERVIN/STARK SW ER o T N PARTITION � n�� )�t� ,_ ST � {f' �� `' ^ h�'C'�� _�1�---Q��"� �`�y I �or1N """�J l��—4I'°r'�� � s!s�°_ s w, �I �s I N �i � Q P'� w... . � T N U Q 1,�3� .ao � f� �GN C ry f T gard / � � m. w m NOZ � .�n �.,�w rn".��, m �C—� �'" �f \ \ �� '� m"�'.j°ro.b,• Communily Da elopme t Plol dale Apr 4 2002 C MagicVvWGIC03 APR 1 4�a 2S103AC-04700 2S703AC06600 ��j1J.� � � � ABEYTA JAMES A&IRENE I BRADY COREY E&SUSAN K 12507 SW 114TH TER 12855 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103BD-06500 2S103AC-00501 ARIFIN LESLIE P& BRANDON TIMOTHY& TEE MAY H BRANDON ANNE M 12610 SW 116TH AVE 12555 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S 103BD-07400 2S 103AC-03600 BARLOW LEWIS R 8 NANCY J BROWN IAN A&MARIAN R 12575 SW 115TH AVE 12512 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97224 2S 103BDA7200 2S 103AC-06200 BAYLEY GLEN M&LAURIE M BURGESS JAMES F&MARY B 12517 SW 115TH AVE 11350 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103AC-06700 2S 103AC-05500 BILODEAU DOUGLAS J& BURK RICK R NICOLE S 12687 SW 113TH PL 12899 SW 113TH PL ? TIGARD OR 97223 TIGARD OR 97223 2S 103AC-03400 2S 103AC-04000 BLACK JULIE M& BURNS RUSSELL L 8 LORRAINE H JEFFERY DONALD 12590 SW 114TH TER 521 HAHAIONE ST 2 9J TIGARD OR 97223 HONOLULU HI 96825 103AC-06000 2S103AB-02600 B ER ES INC CAMPBELL BARBARA J 0 11400 SW WALNUT ST TIGARD OR 97223 2S 7036D-07600 2S 103AC-05300 BOECK MARK G 8 CATHERINE L CONNELL JAMES J 12621 SW 115TH AVE 12731 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-03700 2S 103BD-07300 BOROK DAVID AND JULIE JANET CUTIER ERIC J&LISA A 12532 SW 114TH TERRACE 12557 SW 115TH AVE TIGARD OR 97223 TIGARD OR 97223 2S703BD-06300 2S103AC-05700 BOX DAVID 8 RHONDA DAHLEN MARK S 12648 SW 116TH AVE 12775 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 k �} + 2S103AC-01503 2S103AC-01401 DAVIS ROBERT J FLEMING DAVID L 11195 SW FONNER 11227 SW FONNER TIGARD OR 97223 TIGARD OR 97223 2S103BD-08300 2S103AC-02200 DEVER MICHAEL T FONNER LLC 12450 SW 115TH AVE BY TRACY ANN BEAN TIGARD OR 97223 2744 SW SCHOLLS FERRY RD PORTLAND OR 97221 2S103AB-03000 2S103AC-05000 DISTANT DOUGLAS 8 DEBRA V FRANK CRAIG E&LORI A 12465 SW 114TH TERRACE 12797 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103AC 00204 2S103AC-05200 DUNG KEVIN K GARNER DANNY A 8 KAREN E 509 SW SUTHERLAND WAY 12753 SW 113TH PL ALOHA OR 97006 PORTLAND OR 97223 2S703AC 04100 2S103BD-06200 DURFEE MICHAEL D AND GENIUCH RONALD W 8 EDITH M BUTTERFIELD MELISSA 12664 SW 116TH AVE 12612 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 � 2S 103BD-06700 2S 103AC-02600 DUYCK MICHAEL R&ANN I GIANOLA JEFFREY W&SHANNON L 12562 SW 116TH AVE 11550 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S103AC-00600 2S103AG-04300 EMME LARRY M GOETZ JEANNE 11221 SW FONNER ST 12758 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97223 2S103AC-01504 2S103AG07000 ERICKSON GEORGE W JR GOHIER PIERRE MARLENE IDEEN 12955 SW 113TH PL 11175 SW FONNER ST TIGARD OR 97223 T�GARD OR 97223 2S103AB-02500 2S103AC-06400 ERWERT MARK A 8 DEBRA K GRECO LEONARD R 11380 SW WALNUT ST 8151 SIMMS SL TIGARD OR 97223 ARVADA CO 80005 2S 103AC-02400 2S 103AG-06300 FILLER DAVID E&MARY C GRECO LEONARD R&JULIE M 11500 SW FONNER ST 17441 SW FONNER ST PORTLAND OR 97223 TIGARD OR 97223 { a. 2S103AC-00502 251036D 70200 HALL STEVEN G 8 KAREN S HUNTERS WOODLAND LLC 11220 SW ERROL ST 4351 SW CULLEN BLVD TIGARD OR 97223 PORTLAND OR 97221 2S103AC-02101 103BD 1010 HAMPTON PT LLC H ER OODLAND LLC BY THOMAS FISHER 4351 CULLEN BLVD PO BOX 11370 RTLAN R 97221 PORTLAND OR 97211 2S103BD-06100 S103BD 7000 HARDIN PAUL S&KATHLEEN H TE OODLAND LLC 12514 SW 115TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S 103BD-05900 2 103B D-0990 HARFIELD LEE R&MARY K HU ER OODLAND LLC 12720 SW 116TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S1036D-06000 2 036D-08900 HAYDEN DARRON R&WENDY HU R OODLAND LLC 12716 SW 116TH AVE 4351 CULLEN BLVD TIGARD OR 97223 RTLAN OR 97221 2S 103AC-05400 2S 7 03AC-03500 HELLHAKE FRANK J& JACKOLA JASON B TALBERT SHELLEY A JACKOLA ERICA L 12709 SW 113TH PL 12498 SW 114TH TER TIGARD OR 97223 TIGARD OR 97223 2S 103BD-06100 2S 103AC-03300 HILDENBRAND RYAN P&JENNER L JOHNSON MICHAEL B&VALERIE L 12712 SW 116TH AVE 12525 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S 7 03AC-01400 2S 103AC-07400 HOBBS RONALD E AND JUNE E K&W DEVELOPMENT INC 7205 SW VENTURA DR 9155 SW RAMBLER LN TIGARD OR 97223 PORTLAND OR 97223 2S103DB-09500 2S103AB-02900 HONEYCUTT PROPERTIES LLC KIEF RONALD&PATRICIA E TRS 1205 SE GRAND AVE 12454 SW 114TH TER PORTLAND OR 97214 TIGARD OR 97223 103AC-05900 2S103BD-06400 � HU LT EEK ESTATES KNAPPICH THOMAS R&CAROL A OWN F LOTS 3 6 12626 SW 116TH AVE TIGARD OR 97223 � a 2S 103B D-07900 2S 7 03BD-08400 LEITCH KATHRYN S MULLEN MICHAEL EDWARD 8 12554 SW 115TH AVE TAMARA LEE TIGARD OR 97223 11577 SW BAMBI LN TIGARD OR 97223 2S 7 03AC-03200 2S 103AC-04800 LESAGE PETER C AND ANN T MYERS SHERRY L 12495 SW 112TH c/o MYERS DANA L TIGARD OR 97223 12487 SW 114TH TERR TIGARD OR 97223 2S103AC-04200 2S103AG07500 LIBERT SCOTT A AND CYNTHIA M NAVAS MARIANA 12636 SW 114TH TERRACE 12958 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AG05800 2S 103AC-01800 LIDAY GARRY 8 LOUISE A NEUMANN MICHAEL F 12621 SW 113TH PL 11200 SW FONNER STREET TIGARD OR 97223 TIGARD OR 97223 2S 103BD-06600 2S 103AC-01300 LIU CHENG JUI OAK RICKY J&BARBARA T 12586 SW 116TH AVE 11245 SW FONNER ST PORTLAND OR 97223 TIGARD OR 97223 2S103AD 00502 2S103AC-01100 LLOYD RANDAHL B&ROLISE P PHELAN THOMAS C 19700 SE 27ST 4504 GRANT ST SAMMAMISH WA 98075 VANCOUVER WA 98660 2S103BD-07700 2S103AC-07600 LUONG PHIET&LE TERESA PINE VALLEY BUILDERS INC 12602 SW 115TH AVE 12930 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-04600 2S 7 03BD-07500 MOHR JAMES 8 SR&CAROL J POH LEONG CHIN 8�FELICIA M 12523 SW 114TH TERR 2031 SE 43RD TIGARD OR 97223 PORTLAND OR 97215 2S703AG01701 2S103DB-0O700 MORTENSEN COLIN N POTTER ERIC R LOUISE ANE 13030 SW 115TH AVE 11160 SW FONNER TIGARD OR 97223 TIGARD OR 97223 2S103AC-07100 2S103AC-02300 MUIR DIXIE R QUIMBY ELEANOR N 12977 SW 113TH PL 11480 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 � A 2S 103AB-02400 2S 103AC-00202 RABURN BRIAN JAY& SHRUM JULIE MARIE NANCY B 11380 SW WALNUT ST 11340 SW WALNUT ST TIGARD OR 97223 TIGARD OR 97223 2S 103BD-09800 2S 7 03AC-04500 RIVERSIDE HOMES INC SKIDMORE DAVID AlJODI K � 1300 DEXTER AVE NORTH 12545 SW 114TH TERRACE SUITE 500 TIGARD OR 97223 SEATTLE WA 98109 2S103AC-01900 2S103AC 06500 ROGERS PAUL SMITH GEOFFREY K& 11230 SW FONNER ST JANEA TIGARD OR 97223 12801 SW 113TH PL TIGARD OR 97223 2S103AC 07200 2S1038D 70700 S R TURNER CONSTRUCTION LLC SMITH WILLIAM L&MARGARET O 8835 SW CANYON LN#408 33350 NE OLD PARRETT MTN RD PORTLAND OR 97225 NEWBERG OR 97132 2S103AC-06900 1038D-0440 S R TURNER CONSTRUCTION LLC& S IAM L&MARGARET O WILLIAMS JAMES B/CAROL L 333 OLD PARRETT MTN RD 9155 SW RAMBLER LN WBERG R 97132 PORTLAND OR 97223 2S103AC-02900 2S103AC 00900 SALING WALTER ALLEN STARK JOHN& 12465 SW 112TH AVE ERVIN KIM TIGARD OR 97224 PO BOX 23215 PORTLAND OR 97281 2S103AC-01700 2 103AC-0120 SCHULTHEIS ERIC D 8 STA JO & 11180 SW FONNER ST ERVI TIGARD OR 97223 PO OX 2 15 ORTLAND OR 97281 2S103AC-07300 2S103AC-03900 SCHWEITZ ERIC A& STEPHENS GAIL O&JAMES F MARTHA L 12578 SW 114TH TERR 12980 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-06800 2S 103AC-00203 SELLICK LEE A 8 BETSY STEPHENS JAMES F&GAIL OLSON 12911 SW 113TH PL 12578 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S 103AC-05600 2S 7 03AC-06100 SHIPLEY LANE A&LUCY A THOMPSON JANET 12665 SW 113TH PL 11340 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 i e ` S 2S103BD-08709 2S103BD-08000 TI D YfY OF WONG CHI L 8� 131 W HALL CEN MILAO HUA 8 ARD R 97223 CHI FUNG CHUN 12540 SW 115TH AVE TIGARD OR 97223 2S103AC-077 0 2S103AC-03800 TI RD TY OF YESILADA BIROL A&SUSAN D 131 W HALL 12556 SW 114TH TERR ARD R 97223 TIGARD OR 97223 2S103BD 10 0 TI R ITY OF 131 W HALL GARD OR 97223 2S103BD 1060 TIG D OF 131 HALL ARD 97223 2S1036D-08200 UNG NGENG KHOY& CHEU EAV PEANG& UNG KEVIN 12500 SW 115TH AVE TIGARD OR 97224 2S 103AC-01501 VOORHEESJOHNJ KATHRYN A 11145 SW FONNER RD TIGARD OR 97223 2S 103AB-02700 WASHINGTON COUNTY SUPPORT SERVS FACILITIES MGMT 111 SE WASHINGTON ST MS42 HILLSBORO OR 97123 2S 103AC-04400 WASSERMAN TODD C 8 JILL M 12567 SW 114TH TER TIGARD OR 97223 2S 7 038D-07800 WEBB TANYA R 8 JEROME P , 12562 SW 115TH AVE TIGARD OR 97223 2S 103AC-05700 WISNER LEONARD P&KATHLEEN L 12643 SW 113TH PL TIGARD OR 97223 a � Jack Biethan 11023 SW Summerfield Dnve#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don 8� Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Beilstem 14630 SW 139�Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Dnve Tigard, OR 97223 Susan Beilke 11755 SW 114"� Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE �i lcurpin\setupllabels\CIT Central doc) UPDATED December 27 2001 21 ' ;^ �_ GEOGRPPNIC INFORMPTION SYSiEM \TJ r' �� AREA NOTIFIEP �no ��tw ,� (500') ��roa �°°,� W w SWBAMBILN n �- „m���� � ___________ w tttaawuoo � �� �°�°'°� ""L�°�� a FOR John Stark Q ���noo ,����o = Q �eow mowcaroo = � : �ena rnmanwmo �-- maacouoo N li107��a800 � „m�w�� �Lm�a �- RE I 1385 SW Fonner St t� SW ER OL ST iB007 � oaao'���� e� liWLC07A0 7t10LC007W (2S I 03AC� /oo� I�00/ �eoos mouomea nmuea�eoo r ����������� �eom�or— uooe a mmeomea ucowa aromeo�sao moaeoo�m moacousm �eu momoorro ucoasa �j iBOWS 0 � a������ o�nme a � aaroseo Property owner mformat�on �L7 r' waeon �s val�d for 3 months from � moow oiB001 � the date pr�nted on this map : a o 7i1GLC05B00 ItIOLICG0600 7i107BC0000 umso � ti70YC06100 OLC091 7q0a0Ml00 � ST '"�" 7iW78GWA0 yW5 0 ����� mo�anoemo aouron moreo�wo � � mo�auoe000 mo�eosmo ma�wuoa ucvso (n moaaemo �� mouomwa mo�oowae �wwo B mu�eomsao 7801 DO ip07RPAB500 7B0f00 79U 00 f610LC07700 1 1170EOB1 m�aoaaeo T mo�weeoo mawrnnoa ♦ � enuaeonoo �ro�cotm N t ouoae oo moucueioo �u�� 0 7°07"60T101 moa�coe: mo�eooum �v�t�oo taoucaeeoo 0 100 200 300 400 Feet U f�10iI1C0A00 l610LC0l800 �/ �y���o y�� i=263 teet ~ aoae a ma�ewreaa mauwnoo �`a� aeo moumima uro o0 � maucaTUO nmueouoo meo�wo City of T�gard I J 7LW70BmIW Infortnahon on this map is for generel locahon onty entl � should he ven�ed with Ne Development Services Dinsion � � �`, �'+� 13125 SW Hall BIW r � �V l.� Tigard OR 97223 J (503)639-4171 -� o- htip Ilwww ci ligard or us T Cor murnty Development Plot date Mar 5 2002 C�magic�MAGIC03 APR i � 2S 103AC-04700 2S 103AC-06600 ABEYTA JAMES A&IRENE I BRADY COREY E&SUSAN K 12501 SW 114TH TER 12855 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103BD-06500 2S103AC-00501 ARIFIN LESLIE P& BRANDON TIMOTHY& TEE MAY H BRANDON ANNE M 12610 SW 116TH AVE 12555 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S103BD-07400 2S103AC-03600 BARLOW LEWIS R&NANCY J BROWN IAN A 8 MARIAN R 12575 SW 115TH AVE 12512 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97224 2S 103B D-07200 2S 103AC-06200 BAYLEY GLEN M&LAURIE M BURGESS JAMES F&MARY B 12517 SW 115TH AVE 11350 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103AC-06700 2S 103AC-05500 BILODEAU DOUGLAS J& BURK RICK R NICOLE S 12687 SW 113TH PL 12899 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103AC-03400 2S103AC 04000 BLACK JULIE M 8 BURNS RUSSELL L&LORRAINE H JEFFERY DONALD 12590 SW 114TH TER 521 HAHAIONE ST 2 9J TIGARD OR 97223 HONOLULU HI 96825 103AC 06000 2S703AB-02600 B ER ES INC CAMPBELL BARBARA J 0 11400 SW WALNUT ST TIGARD OR 97223 2S 103BD-07600 2S 103AC-05300 BOECK MARK G&CATHERINE L CONNELL JAMES J 12621 SW 115TH AVE 12731 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103AC 03700 2S103BD-07300 BOROK DAVID AND JULIE JANET CUTLER ERIC J&LISA A 12532 SW 114TH TERRACE 12557 SW 115TH AVE TIGARD OR 97223 TIGARD OR 97223 2S 103B D-06300 2S 103AC-05100 BOX DAVID&RHONDA DAHLEN MARK S 12648 SW 116TH AVE 12775 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103�AC 01503 2S103AC-01401 DAVIS ROBERT J FLEMING DAVID L 11195 SW FONNER 11227 SW FONNER TIGARO OR 97223 TIGARD OR 97223 2S703BD-08300 2S103AC-02200 DEVER MICHAEL T FONNER LLC 12450 SW 115TH AVE BY TRACY ANN BEAN TIGARD OR 97223 2744 SW SCHOLLS FERRY RD PORTLAND OR 97221 2S 103AB-03000 2S 103AC-05000 DISTANT DOUGLAS&DEBRA V FRANK CRAIG E&LORI A 12465 SW 114TH TERRACE 12797 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S103AC 00204 2S103AC-05200 DUNG KEVIN K GARNER DANNY A&KAREN E 509 SW SUTHERLAND WAY 12753 SW 113TH PL ALOHA OR 97006 PORTLAND OR 97223 2S 103AC-047 00 2S 103BD-06200 DURFEE MICHAEL D AND GENIUCH RONALD W&EDITH M BUTTERFIELD MELISSA 12664 SW 116TH AVE 12612 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S 103BD-08700 2S 103AC-02600 DUYCK MICHAEL R&ANN I GIANOLA JEFFREY W&SHANNON L 12562 SW 116TH AVE 11550 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103AC-0O600 2S 103AC-04300 EMME LARRY M GOETZ JEANNE 11221 SW FONNER ST 12758 SW 114TH TERRACE TIGARD OR 97223 TIGARD OR 97223 2S 103AC-01504 2S 103AC-07000 ERICKSON GEORGE W JR GOHIER PIERRE MARLENE IDEEN 12955 SW 113TH PL 11175 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103AB-02500 2S 103AC-06400 ERWERT MARK A 8 DEBRA K GRECO LEONARD R 11380 SW WALNUT ST 8151 SIMMS SL TIGARD OR 97223 ARVADA CO 80005 2S103AC 02400 2S103AC-06300 FILLER DAVID E&MARY C GRECO LEONARD R 8 JULIE M 11500 SW FONNER ST 11441 SW FONNER ST PORTLAND OR 97223 TIGARD OR 97223 2S103AC-00502 2S103BD 10200 HALL STEVEN G&KAREN S HUNTERS WOODLAND LLC 11220 SW ERROL ST 4351 SW CULLEN BLVD TIGARD OR 97223 PORTLAND OR 97221 2S103AC-02101 103BD 1010 HAMPTON PT LLC H ER OODLAND LLC BY THOMAS FISHER f 4351 CULLEN BLVD PO BOX 11370 P RTLAN R 97221 PORTLAND OR 97211 2St03BD 08100 S103BD 1000 HARDIN PAUL S&KATHLEEN H TE OODLAND LLC 12514 SW 115TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S103BD-05900 2 103BD 0990 HARFIELD LEE R&MARY K HU ER OODLAND LLC 12720 SW 116TH AVE 435 CULLEN BLVD TIGARD OR 97223 RTLA OR 97221 2S103BD-06000 2 03BD-08900 HAYDEN DARRON R&WENDY HU R OODLAND LLC 12716 SW 116TH AVE 4351 CULLEN BLVD TIGARD OR 97223 RTLAN OR 97221 2S 103AC-05400 2S 103AC-03500 HELLHAKE FRANK J& JACKOLA JASON B TALBERT SHELLEY A JACKOLA ERICA L 12709 SW 113TH PL 12498 SW 114TH TER TIGARD OR 97223 TIGARD OR 97223 2S103BD 06100 2S103AC-03300 HILDENBRAND RYAN P&JENNER L JOHNSON MICHAEL B&VALERIE L 12712 SW 116TH AVE 12525 SW 112TH AVE TIGARD OR 97223 TIGARD OR 97223 2S103AC 01400 2S103AC 07400 HOBBS RONALD E AND JUNE E K&W DEVELOPMENT INC 7205 SW VENTURA DR 9155 SW RAMBLER LN TIGARD OR 97223 PORTLAND OR 97223 2S103DB-09500 2S103A8-02900 HONEYCUTT PROPERTIES LLC KIEF RONALD&PATRICIA E TRS 1205 SE GRAND AVE 12454 SW 114TH TER PORTLAND OR 97214 TIGARD OR 97223 103AC-05900 2S 103BD-06400 HU LT EEK ESTATES KNAPPICH THOMAS R 8 CAROL A OWN F LOTS 3 6 12626 SW 116TH AVE TIGARD OR 97223 2S 103B D-07900 2S 1038 D-08400 LEITCH KATHRYN S MULLEN MICHAEL EDWARD 8� 12554 SW 115TH AVE TAMARA LEE TIGARD OR 97223 11577 SW BAMBI LN TIGARD OR 97223 2S103AC 03200 2S103AC 04800 LESAGE PETER C AND ANN T MYERS SHERRY L 12495 SW 112TH Go MYERS DANA L TIGARD OR 97223 12487 SW 114TH TERR TIGARD OR 97223 2S103AC 04200 2S103AC 07500 LIBERT SCOTT A AND CYNTHIA M NAVAS MARIANA 12636 SW 114TH TERRACE 12958 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-05800 2S 103AC-01800 LIDAY GARRY 8 LOUISE A NEUMANN MICHAEL F 12621 SW 113TH PL 11200 SW FONNER STREET TIGARD OR 97223 TIGARD OR 97223 2S 103BD-06600 2S 103AC-01300 LIU CHENG JUI OAK RICKY J&BARBARA T 12586 SW 116TH AVE 11245 SW FONNER ST PORTLAND OR 97223 TIGARD OR 97223 2S 103AD-00502 2S 103AC-017 00 LLOYD RANDAHL B&ROLISE P PHELAN THOMAS C 19700 SE 21ST 4504 GRANT ST SAMMAMISH WA 98075 VANCOUVER WA 98660 2S103BD-07700 2S103AC-07600 LUONG PHIET&LE TERESA PINE VALLEY BUILDERS INC 12602 SW 115TH AVE 12930 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-04600 2S 103BD-07500 MOHR JAMES B SR&CAROL J POH LEONG CHIN&FELICIA M 12523 SW 114TH TERR 2031 SE 43RD TIGARD OR 97223 PORTLAND OR 97215 2S 103AC-01701 2S 103DB-00100 MORTENSEN COLIN N POTTER ERIC R LOUISE ANE 13030 SW 115TH AVE 11160 SW FONNER TIGARD OR 97223 TIGARD OR 97223 2S103AC 07100 2S103AC-02300 MUIR DIXIE R QUIMBY ELEANOR N 12977 SW 113TH PL 11480 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103AB 02400 2S 103AC-00202 RABURN BRIAN JAY& SHRUM JULIE MARIE NANCY B 11380 SW WALNUT ST 11340 SW WALNUT ST TIGARD OR 97223 TIGARD OR 97223 2S1038D-09800 2S103AC 04500 RIVERSIDE HOMES INC SKIDMORE DAVID A/JODI K ` 1300 DEXTER AVE NORTH 12545 SW 114TH TERRACE SUITE 500 TIGARD OR 97223 SEATTLE WA 98109 2S103AC 01900 2S103AC-06500 ROGERS PAUL SMITH GEOFFREY K& 11230 SW FONNER ST JANEA TIGARD OR 97223 12801 SW 113TH PL TIGARD OR 97223 2S103AC 07200 2S1038D 10700 S R TURNER CONSTRUCTION LLC SMITH WILLIAM L&MARGARET O 8835 SW CANYON LN#408 33350 NE OLD PARRETT MTN RD PORTLAND OR 97225 NEWBERG OR 97132 2S 103AC-06900 1038D-0440 S R TURNER CONSTRUCTION LLC& SM IAM L&MARGARET O WILLIAMS JAMES B/CAROL L 333 OLD PARRETT MTN RD 9155 SW RAMBLER LN WBERG R 97132 PORTLAND OR 97223 2S 103AC-02900 2S 103AC-00900 SALING WALTER ALLEN STARK JOHN& 12465 SW 112TH AVE ERVIN KIM TIGARD OR 97224 PO BOX 23215 PORTLAND OR 97281 2S103AC-01700 2 103AC-0120 SCHULTHEIS ERIC D& STA JO 8� 11180 SW FONNER ST ERVI TIGARD OR 97223 PO OX 2 15 ORTLAND OR 97281 2S 103AC-07300 2S 103AC-03900 SCHWEITZ ERIC A& STEPHENS GAIL O 8 JAMES F MARTHA L 12578 SW 114TH TERR 12980 SW 113TH PL TIGARD OR 97223 TIGARD OR 97223 2S 103AC-06800 2S 103AC-00203 SELLICK LEE A 8 BETSY STEPHENS JAMES F&GAIL OLSON 12911 SW 113TH PL 12578 SW 114TH TERR TIGARD OR 97223 TIGARD OR 97223 2S103AC 05600 2S103AC-06100 SHIPLEY LANE A 8�LUCY A THOMPSON JANET 12665 SW 113TH PL 11340 SW FONNER ST TIGARD OR 97223 TIGARD OR 97223 2S 103BD-08709 2S 103BD-08000 TI RD #'fl'OF WONG CHI L& 131 W HALL CEN MILAO HUA& ARD R 97223 CHI FUNG CHUN 12540 SW 115TH AVE TIGARD OR 97223 2S103AC-077 0 2S103AC-03800 TI RD ITY OF YESILADA BIROL A&SUSAN D 131 W HALL 12556 SW 114TH TERR ARD R 97223 TIGARD OR 97223 2S103BD 10 0 Ti R ITY OF 131 W HALL GARD OR 97223 2S103BD 1060 TIG D Y OF 131 HALL T ARD 97223 2S1036D-08200 UNG NGENG KHOY& CHEU EAV PEANG& ` UNG KEVIN 12500 SW 115TH AVE TIGARD OR 97224 2S103AC-01501 VOORHEES JOHN J KATHRYN A 11145 SW FONNER RD TIGARD OR 97223 2S103A6 02700 WASHINGTON COUNTY SUPPORT SERVS FACILITIES MGMT 111 SE WASHINGTON ST MS42 HILLSBORO OR 97123 2S103AC-04400 WASSERMAN TODD C&JILL M 12567 SW 114TH TER TIGARD OR 97223 2S103BD-07800 WEBB TANYA R&JEROME P 12562 SW 115TH AVE TIGARD OR 97223 2S 103AC-05700 WISNER LEONARD P&KATHLEEN L 12643 SW 113TH PL TIGARD OR 97223 Jack Biethan 11023 SW SummerFeld Dnve#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Ellen Bedstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE �i\curpin\setup\labels\CIT Central doc) UPDATED December 27 2001 � RECEIVED CITY OF TIGARD �,� COMMUNITY DEYELOPMENT DEPARTMENT MA2 0 5 2G02 ��� PUINNING DIYISION CITYOFTIGARD '' c�roF��aao lPlANNINCi/EN(31NEERING Communiry�DeueCoprnent 13125 SW NALL BOULEYARD s���A�u�r�o,�»�u,�ry TIGARD, OREGON 97223 PHONE: 503-639a 171 FA1C 503-684-1297(Attn: Pattr o�Shi�ler/Pla�nin� I ( I ' I ( I I f ' I ' ' I ' � ; � Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJEC7 MAP & TAX LOT NUMBERS �.�. isi34na,T��c aoioa� OR TNE DD ESSES FOR ALL PROJEC7 PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably �ssessor's tax map): I � 3�� � 5 � 1� �o r.ti 1��R `�Y�2� `r �",c-, a t�-O 8���n; �`�22�"� — ZS Iv3,��o ► z.od _ 2_ S i C� �3 l� �- OCx=t O� INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF IABELS: "Z-- (NOTE: A minimum o(2 sea of labels will be provided to place an raur 2 sets of envelopes that applicants are required to submit at the time af application submittal. If a neighborhaod meeting is required and you have not yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: .Sc�HtJ S�C��vL PHONE: ��7 �3 � 5�4 � � ��-6 This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person wil) be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pidc up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABEIS PROYIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. �ost Description: • SI I to gene�ate the mailing list, plus S2 per sheet for p�inting the list onto labels(20 add�esses per sheet). Then, multiply the cost to print oae set o(labels by thc number of sets �equested. *EXAMPLE* * * COST FOR THIS REQUEST * * � sheeu of labels x S2/sheet = �QQ x�sets = S 16.00 � sheet(s)of labels x SZ/sheet = S /°� x � sets = �! �sheets of labels x S2/sheet for CIT area z�sets = S 4.00 / sheet(s)of labels x S2/sheet(o�CIT area =�f sets = � GENfRATE UA = S110Q �GNERATE LIST = S � TOTA; i,�.u� ��`� C�r TOTAL = 33 � I / � CITY OF TIGARD Commumty�DeveCopment Shaprng A Better Commumty LAND USE PROPOSAL DESCRIPTION 120 DAYS = 7/30/2002 FILE NOS MINOR LAND PARTITION (MLP) 2002-00002 WATER RESOURCES OVERLAY REVIEW (SLR) 2002-00005 FILE TITLE ERVINISTARK PARTITION APPLICANT John Stark OWNER Kim Ervin & John Stark PO Box 23215 PO Box 23215 Portland, OR 97281 Portland, OR 97281 REQUEST Approval of a 3-lot Minor Land Partition of 1 15 acres Parcel #1 has an existing home on site, Parcels#2 and #3 will be developed with single-family residences, and Tract "A" is set aside as a sensitive area The lot sizes for this development would be 14,554 square feet, 7,998 square feet, and 10,796 square feet respectively Tract "A" is 16,231 square feet in area LOCATION 11385 SW Fonner Street, WCTM 2S103AC, Tax lots 1200 and 900 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, CRITERIA 18 725, 18 775, 18 790, 18 795, 18 797 and 18 810 CIT AREA Central CIT FACILITATOR List Available Upon Request DECISION MAKING BODY BELOW ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT APRIL 5, 2002 DATE COMMENTS ARE DUE APRIL 19, 2002 ❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 100 PM ❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 100 PM ❑CITY COUNCIL RUESJ DATE OF HEARING TIME 130PM �STAFF DECISION [TENTATIYEI DATE OF DECISION MAY 9, 2002 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP ❑ HYDRAULIC CALCS � ARBORIST REPORT � SITE PLAN � UTILITY PLAN � IMPACT STUDY � NARRATIVE � GRADING PLANS � OTHER STAFF CONTACT Brad Kilby, Assistant Planner (503) 639-4171, Ext 388 � r _ (�,�--�-`-, �� � � ��oz LAND PARTITION ; � , TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX.• (503) 684-7297 GENERAL INFORMATION o i -6oa�-� `� a�t��,l Property Address/Location(s): � � ��� `7.1�-� • �O Nn1 ER PRE-AP�DOWITH: 'i3R- 1�`< DATE OF PRE-APP.: Mk-, 1S� 2UV( ��R-���� T�l�r�0 �� �� ZZ '� -� Tax Map &Tax Lot#(s): Z S �U ��G dOc�� FOR STAFF USE ONLY Site Size: � v ��CL.� (3�'. �� �a�� Case No.(s): ��"1/ �.0��- '���c� Other Case No.(s): Property Owner/Deed Holder(s)"`:��;�s. ���1�e�1 �.,oHN S�R¢ Receipt No.: �a" ` Address y?C�. 1��x L 3 Z\ � Phone: 503 � 5c��i Application Ac ept�i By: City: �p RT�.AIc�O Zip: �(7 Z.,S \ Date: � � i'�� � Applicant*: �b H1y ���IkY-1L Date Determined Complete: Address: �p, Q�t77� �Z,rS2 (5 Phone:5d�3• S�4 •6�4� Rev.4/3/2001 i:�curpin\masters�revised\landpart.doc City: �t�R`�\_At.� Zip: �`(Z�l "When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written REQUIRED SUBMITTAL ELEMENTS authorization from the owner or an agent of the owner with written (Note: applications will not be accepted authorization. The owner(s) must sign this application in the space without the required submittal elements) � provided on the back of this form or submit a written authorization with � this application. :9 � Application Form ;� PROPOSAL SUMMARY �. Owner's Signature/Written Authorization � Title Tr�nsfer Instrument or Deed The owners of record of the subject prope�ty request permission to allow a Land Partition to: �, Copy of Pre-Application Conf. Notes r] Site/Plot Plan divide � `t 8��� 5 r int0 � (#of copies based on pre-app check list) (to a!area) (#of parcels) Site/Plot Plan {reduced 8'/i'x 11") containing � , �l `f f'� S� and l O, `�� S t� (sq. ft. or acres) sq. ft. or acres) � ApplicanYs Statement (#of copies based on pre-app check list) ��M l4�i.�� f�S c� � �O � Z� � S� w 1 L� USA Service Provider Letter (provide any additiona information here) � 2 Sets of Pre-Addressed/Pre-Stamped .�� ����.t,��� �� � ��S`�«� #10 Envelopes & Copy of 500' Property Owner List Generated by the City _ L'�N'S�S T�V��i�'C� '�`� A` � Filing Fee (City) ��80_� �� P�,�,4-T� ����� (Urban) $2,480.00 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application L�� N �� ��t�. � ��1,�1-r��t�. L K�t�� �P --�►� APPLICANTS To consider an appl�cation complete, you will need to submit ALL of the REQUIRED SUBMITfAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box (Detaded Submittal Requirement Information sheets can be obtained upon request for all types of Land Use Applications ) THE APPLICANT(S)SHALL CERTIFY THAT • The above reauest does not violate any deed �estrictions that may be attached to or imposed upon the subiect ro e . If the application is granted the applicant wdl exercise the rights granted m accordance with the terms and sub�ect to all the conditions and limitations of the approval • All of the above statements and the statements in the plot plan attachments and exhibits transmitted herewith are true , and the applicants so acknowledge that any permit issued based on this application may be revoked if it is found tha� any such statements are false • The applicant has read the entire contents of the application, including the policies and cnteria, and understands the reqwrements for approving or denying the application SIGNATURES of each owner of the sub�ect property � DATED this ��h day of ���LK 200 Z ��C� V Owne Signature Ow er's Signature Owner's Signature Owner's Signature 2 SENSITIVE LANDS ''� TYPE II or TYPE III APPLICATION CITY OF TIGARD 13125 SW Hall 81vd Tigard OR 97223(503) 639-4171 FAX (503) 684-7297 GENERAL INFORMATION PRE APP HELD WITH �'a- 1�`-'l DATE OF PRE-APP �� 15= 2m� Property Address/Location �,� �J 8S �7��� �D�I��L ���-��'� �� �'��9 �� ���-Z'� � FOR STAFF USE ONLY ` r gF n ,� � , Tax Map&Tax Lot#(s) 'Z S (�3 � G 00°(O� �° � �� , �� 3 � �Case No(s) ��.-Z"�U.�i=�� Site Size a �j0 �GVL�� �'��, �00 Gj��, Othe��Case No(s),�'�, � - x > � w ReceiptNo „ o� �t�f�'� ` `� Property Owner/Deed Holder(s)* _ �n��1 �`r�Q1� ��L1�h�u qp'plicatiofi AccepteclFBy � i'�� z g Address �O. ��G Z 3Z 1��Phone 5Z73 ��4��540 Date � " � r` x `�� �� > ������� � � �. <� �`'�'�` ary �a�-c�� b� z�p �l 7 Z� t ,� '� � r� �z � ,� � �.s: v�� s � �`�t ?��^ °T�a�i�� v��.� g� Applicant* �0�-1 � S��c�k` Date�Determined�Complete � � 3� E � �. Address P(> �t�c 23Z.15 Phone S03 �� �� � �Re� aia�2000 ilcurpinlmasterslrevlsed151adoc , � CI�/ �f�(�`T l..A 1..fr� d� Zlp - L�Z,�� REQUIRED SUBMITTAL ELEMENTS When the owner and the applicant are different people, the applicant (Note applications w�ll n� be accepted must be the purchaser of record or a lessee m possession with wntten w�thout the required subm�ttal elements) authorization from the owner or an agent of the owner The owner(s) must sign this application in the space prov�ded on the back of this form or submit a wntten authorization with this application � Application Form � Owner s Signature/Wntten Authorization PROPOSAL SUMMARY � Title Transfer Instrument or Deed �. Copy of�'re-Application Conf Notes The owners of record of the sub�ect property request a Sensitrve � Site/Plot Plan Lands Permit to allow(please be specific) (#of copies based on pre app check I�st) �f� »��- t'�`� ��`�'�� ���� �`� ��'���' ❑ Site/Plot Plan (reduced 8'/�"x 11") T�P-c-'�il� \ts"t'1� 2. �ut �...��4�1�z l._.c�TS �`['Y��t-OL 1�C�"C'�(Z -r t� `b�Sc.N�4�-c-,� 1�S'CO �' '�PhcanYs Statement (#of copies based on pre app check list) �Q-.\c3�T'C F���, o r- SUh��'�(L �t�,�'z.� � � USA Sewer Use Information Card ""'r�� ,�,�� ��-��� ���,��_ �� ; W�� (Distnbuted/completed at apphphon submittaq 3� �� pr5 1 p� � � -��� ����pa-cp � USA Service Provider Letter -����(Z -�� S��S�T��F� �-tvr> � ❑ 2 Sets of Pre-Addressed/Pre-Stamped ��� #10 Envelopes & Copy of 500 Property Owner List Generated by the City � ❑ Neighborhood Mtg Affidavits&Notes �1 ❑ Filing Fee(Administrative) $ Oa' (Heanng s Officer) $1,240 00 1 List any VARIANCE, CONDITIONAL USE, SENSITIVE LANDS, OR OTHER LAND USE ACTIONS to be considered as part of this application �_> � 1" �,�Nt9(2— �9J�D ��t�,—C l—[1 t� 'l� APPUCANTS ` To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements" box (Detaded Submittal Requirement information sheets can be obtamed upon request for all types of Land Use Appiications ) THE APPLICANT(S)SHALL CERTIFY THAT • The above request does not violate any deed restrictions that mav be attached to or imposed upon the sub�ect ro e • If the application is granted the applicant wdl exercise the nghts granted in accordance with the terms and sub�ect to all the conditions and limitations of the approval • All of the above statements and the statements in the plot plan attachments, and exhibits transmitted herewith are true and the applicants so acknowledge that any permit issued based on this application may be revoked rf it is found that any such statements are false • The applicant has read the entire contents of the application including the policies and critena, and understands the reqwrements for approving or denying the application � SIGNATURES of each owner of the sub�ect property DATED this �� day of ��c��� .20 v Z— � � , �� V Owne Signature Own r's Signa ure Owner's Signature Owner's Signature 2 , , � B�� �p�s�,� ' or Land Parki�ion for. 11385 S.W. Fonner Street Tigard, �regon 97223 Tax Lots: 2S143AC00900 Submittal Date: March 5�, 2002 � ! � , Table of Contents Application Foran (2 Copies) Warranty Deed Application Fee ($929 00) Narrative PROPOSAL STTE DESCRIPTION AND VICINITY INFRASTRUCTURE AND IMPROVEMENTS APPLICABLE CODE REGULATIONS Impact Statement Land Partrtrons Residentral Zorung Ihstr7cts Access/Egress/Circulatron Density Computatrons Environmental Performance Standards Off-Street Parkuig/Loading Requirements Sensihve Lands Review Tree Removal Water Resources Overlay District Street and Utility Improvement Standards Maps VICINTTY MAP PRELIMINARY PARTTTION MAP, including Existrng Conditrons Proposed Partrtrons Prehminary Storm Drainage Preliminary Utilitres PRELIMINARY GRADING/EROSION CONTROL PLAN TREE SIZE, SPECIES TABLE Reports NATURAL RESOURCE ASSESSMENT WETLAND DELINEATION DSL LETTER OF CONCURRENCE CLEAN WATER SERVICES PROVIDER LETTER ARBORIST REPORT Pre-Application Conference Notes �May 1�,zom� Mailing Labels Summary Applicant Be11a Opus P.O. Box 23215 Pordand, OR 97281-3215 Representative John A. Stark Phone 503.544.6840 Fax 503.245.3542 Location 11385 S.W. Fonner Street Tigard, OR 97223 Legal Description Tax Lot 2S103AC00900 Slte SIZe .80 Acres (34,500 s.f.) Zone R 4.5 Proposal Partition tax lot 2S103AC00900 into 2 parcels for detached single family residences and 1 parcel reserved as a sensitive lands buffer. Fees Minor Land Partition Sensitive Lands Pre-Application Conf. Date May 13t, Zoo1 tcr;1 KUIV itr:C:UKll�;ll llUCUM'��T TO: way �Counry,Oregon � : � . CITY HALL RECORDS DEPA: ENT, 2002-110341 � ' C1TY OF TIGARD 09l2. 2 09:37:01 AM D-DD Cnt■1 6tn■8 RECORD81 ' 13125 SW Hall Blvd. S�s.00 Se.00 S��.00 •rocai=s32.00 ,� Tigard,OR 97223 INDIVIDUAL 00167981200201103410030037 I,J�rry H�nwn,Dinctor of Ann�m�nt and T�xatlon �� �nd Ex-ORlclo County Cl�rk for Washlnpton County, .%�"`%r��., do h�nby artllythat th�wlthln In�trum�nt otwrltlnp �s°; w��nc�iwd�nd ncord�d In th�ba k of nwrdt of � �'.�b' ��d couM �'"• File No. MI.Q 2AOZ—cA ooZ v �,,,s.o,. t�..,:; �'• J�rry R.Hanwn,Dlnctor�immt�nd Tu�tlon,�.:���� E:�iflclo County CI�r1c DEDICATION DEED FOR ROAD OR STREET PURPOSES Space above reserved for Washington County Recording informa �A ���+ � • �0��� does hereby dedicate to the public a perpetual right-of-way for street,road, and utility purposes on, over, across,under, along,and within the following described real properiy in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The gi-antors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole considerarion. IN WTTNESS WHEREOF, I hereunto set my hand on this�day of ,20�� �•-1 I Signature Signature ����S �.W• "o1S1S'1rir� � �• . �C�1JlJ�t'� Tax Statement 1vlailing Address Property Address �, `t� �a�-� OR. STATE OF OREGON ) )ss. County of Wastungton ) � �} This instrument was aclmowledged before me on � U�D?� (date)by: �� �� ��t � � (�.u.�.S�� (name of person(s)). I /� r 4:_z°� O�FICU\l SEAL /�{� ��r :,<<� M:a.R��!BQdCKNEY .^3 � Ci�: '�J�= c �.�L:n�'.L'�\: — �.:�,-. : !�OT,�.RY FI!3UGOREGON No s Signature C.�y�. � ``,::,'•` CG�"#iiS� . ���.323482 � N'!'�'.?:i:.:i:',iid rzN+;>r:i M�1Y 1G��.3 �.._..__�__._.:, My Commission Expires:. `%��i ���' ✓ Accepted on behalf of the City of Tigard this �,�day of, S.e.�p�'�r++��-✓ 20°Z- Q P- �- �.-._. ity Engineer �.1ENG1PUWie IormslDedk�OOnDeedROWIndv.dot .�........�.�.. . r- �C�1'1S1't � LEGAL DESCRIPTION Right of Way Dedicat�on A tract of land located in the Northeast one-quarter of Section 3, Township 2 South, Range 1 West, W�llamette Mendian, C�ty of Tigard, Washington County, Oregon, bemg a part of that certam tract of land conveyed to Verne M Fonner by Deed recorded m Page l79 of Volume 83 of Wash�ngton County, Oregon, Deed Records and more panc�ularly descnbed as follows Begimm�g at a pomt m the center of County Road No 495, (SW Fonner Street), which pomt of begimm�g is reached by beg�nning at the quarter corner on the North lme of Section 3, Township 2 South, Range 1 West of the Willamette Mendian, and rumm�g thence South 00°53'00"West along the North and South center lme of said Sect�on, 2216 8 feet �o an �ron pipe, tuence ivortn &7�47 3u �ast along the centerline oi said county road 236 3 feet to the TRUE POINT OF BEGINNING of the herem descnbed tract of land, thence North 02°12'24" East, 20 00 feet to the Southeast Corner of Parhtion Plat 1997-080, thence North 00°55'37"East along the easterly lme of said Partit�on Plat, 5 00 feet, thence leavmg said easterly lme,North 87°47'36" East 100 15 feet to the West lme of Humbolt Creek Estates, Book 97, Page 42 Washington County Plat Records, thence South 00°55'O1"West along the West line of said Humbolt Creek Estates 5 00, thence South 02°12'24"West, 20 00 feet to the center of sa�d County Road No 495 (SW Fonner Street), thence South 87°47'36" West along the said center lme 100 15 feet to the place of begimm�g, contaimng an area of 2,497 square feet, more or less �nclud�ng the exist�ng public nght-of-way of County Road No 495 Ex ires 12 31 03 REGISTERED PROFESSIONAL IAND SURVEYO (�1,�,'�v _ �C�� OREGON JULY 12 2000 DAVEN E COATE 52735LS 2002-110341 � EXH/B/T MAP FOfi Cfac�t��-r A z00z-110341 pE0/CA T70N DEE� LOC4TID /N TH£ NE 1/4 OF SEC770N 3, � TOWNSH/P 2 SOUTH, R4NGE 1 WEST, , E W1LL4ME7TE MER/DUW, C/TY OF T1G4R0, 6'39 I WASH/NGTON COUMY, OREGON � 55�2 31 August 1, 2002 � NORINWEST CORNER HUMBOLT CREEK ESTATE'S ' SOUTH UNE PLAT I OF Wi9L/VUT GROI�E BOOK 80 PACE 14 � � "�i Z � � 3m Ex i�es 12 31 03 � � o REGISTERED o, o, PROFESSIONAL N � h LAND SURVEYOR N W o � o �. `' �" � �a� O � Pa�ce/ 2 of OREGON ^ Documenf No DAVENY E ZCOATE � � 2002-004047 Q� 52735LS �� _ �� � V^, � I � �� ,wor�,t,, or�,£—o�,F,P � I 1 �� .� .� ° �m � � � � � � o � ° � ° � i N h ' / S 87°47'36" W �, 100 13 ^ o � � o � � � � Pa�ce/ 1 of o � Document No � ,,°� � 2002-004047 0 � � � h h O h ^ ^ h � � ^ � O O � Z S�' G1'JY�'VE7� PARL'EZ f I � � S 00°55 O 1" W Point of PAR1111�OY1/ PL4T � � 5 oD Beginning � 1 9 9 7-A B n 1 � 5 00 �00 15 N 8T'47 36' E N 02°1224" W S 02°12'24" E 20 00 -- S 87°47 36° W 20 00 (COUNTY ROAD NO 495) — T�ue Point � �oo �5 � — N B7°47 36" E 2.36.3 of Beginning ��/ ��z�� � �-t���� -�fl�:t--f►oa i`�1LP ����� �t��ti,�� , � � . 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P O Box 23215 Portland OR 97281 503 544 6840 Fax 503 245 3542 May 2 2002 Brad Kdby Assoaate Planner City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Brad In regards to the submittal for a Minor Land Partition at 11385 SW Fonner St I propose that the followmg requests be considered with the submittal 1 Tract A to be conveyed to and owned by the property owner of Parcel 3 2 Storm Drainage from Parcels 2 and 3 wdl be piped to an infiitration trench at the Southwest corner of Tract A and shall be designed to infiltrate into the sod or flow down the slope in such a manner as to not cause erosion as discussed with Bnan Rager Development Review Engineer for the City of Tigard on Tuesday Apnl 30'" ' Sincerely '� , John Stark Owner ' Bradley Kilby- Re: 11385 sw Fonner St. Page 1 ' From: "Dan Rouse" <drouse@resourcelive.com> To: "Bradley Kilby" <Bradley@ci.tigard.or.us> Date: 5/31/02 4:27PM Subject: Re: 11385 sw Fonner St. I will have the bush moved by November 30th as that will give me approximately 30 days of cooler weather. Dan ----- Original Message----- From: Bradley Kilby To: drouse@resourcelive.com Sent: Wednesday, May 29, 2002 4:50 PM Subject: Re: 11385 sw Fonner St. Dan, e-mail is fine, however, I need to know an approximate time. I need you to specify a date by which the move will be accomplished. »> "Dan Rouse" <drouse@resourcelive.com> 05/29/02 11:05AM »> I spoke with you yesterday regarding visual clearance areas as it relates to a bush the city is requiring to be trimmed on my property. I would like to have the bush moved rather than trimmed. Because the move would likely severly damage or destroy the bush this time of year, I am requesting that we wait until fall when the bush is somewhat dormant before we attempt to move it. Please let me know if this email notice will suffice or if a formal letter is necessary. Respectfully submitted, Dan Rouse 11385 SW Fonner St. Tigard, OR 97223 503.639.0270 �AUG 3 2001 12 56AM NO 151 P 1 • H � I I • � � Prepared for JOHN STARIC Pro�erty Profi e Prepared by CANDY 06/OZ/2007. Date Prepared Fax 570-17Z2 R� DEED FOR 11385 SW FO�NER � Profile prepared by Chicago Title lnsurance Cor�pany 10001 S� Sunnyside Road Glackamas OR 97ot 5 Customer Service, (503) 786-3940 � Maln Office (503) 653-7300 ' Early Bird (503) 786-39�40 � Fax (503) 653-7833 Thts UUe iMormafion has been fumished,wdhout charge In ronformanee wlth the guldelines epproved by tha Stats of Oregon Insurance Commiss�oner This�nformabon Is I�m�ted b record,prrn►fded byThe Assessment�Taxat�on Departrnents of Munhomeh,Clackamas end Washmgton Couniles The Insurance Dlvlsion caudons mtermad�arles that This seMce Is deelgned tn bene�t the ulhmate Insureds Ind�scr�minate use only benefi4ng intarmedlarles will not be permitted Sald senlces may be dscontlnued No Ilability Is assumed fcr any � errore,n thls report I I � AUG 3 200, 1 12 56AI�� NO 151 P 2 • �� i � , \V,� ST�TE OF�111EflON 1 SS �Ri� a�CoRaxpo AtrvA� �ro� �� eaunH otMhaMn�ten I dohn Stark � r K1m �rvin G��A��L���°��� a,� �e °n�°'°�Cb�i _ � D 80� Z 3 2 t S .^ m.wn�hr '�' °� po r F{a-►�c1 0� 9 Z 2 5! + `°""h'w : � ��`' , �.'� N ---- p pn��l a chenge ia sequeeted all �az �� �', �/� ni a�e�ement� �hall De eem �o the foilo�ing �, � ��uat�Fk n1 ti9ereeo U �[./!'� f�s QbOV� _ pec t0ol055916 � � pii! 2eo751 i52 00 pF/la/2o01 01 �H 24p1n V 6ocrow No �500-�Se�6-KS osdes No ZZO129 Ip�iaN'!7f D� - 8TalOTORY �DW (INDIVIDUAL oi C"OI+PORATICN) FRBD C PARISH and LoRBTA AR�NT P11RI6N ae Truacee of the F�ed C Parieh Truat, execuced [he 2la[ dpy ot April i993 ae co en undivided one-ha1E ineereat and LCRBTA Ai1J1NT PARSSH end Ff18D G PARISH as Ttvs�ee ai the Loreta Asant Parieh Tsust, erecvted the Zlst dey o! April 1993 ae to eh undivided one-h41f iRtereat all toge[ner ae �enan�� in comwn GrsnCO= eonveya aTf4 vHxrance to JO}fla STARit an6 KIM BAVIN c�ran�ee Lha following deeeribed real properCy fsee of encumbrafsceB e:cep� as apecilically � aeC faz[h herei�s (Continued) Tbi� ia�tsum�at +rill aoi allo� u�s eE GM pzop�rty d�or.ribod ia L�i■ in�tszmsat ist �iol�tian e! �pplicabip iaied u�• lav� aad r.qulatioa� a�lasa riqaiag as sae�pti�g �tii� init�ae, t� p�r�an aequiri�tQ ��� tie1� Lo EEe ps�rty �hou1C eD�ek riCh t�a �ypsapzl#e• ciGy os oou�ey plaanl,ag d.pare�rrae eo wrily appra�+�d us�� �ad Eo d�t�smia• any limiea ea l�r�uie� aQai��C fasmin� or tOS�/t plaelie�f i/ EtlStud ia OR9 30 930� ENCVMBAAl1CCS 1 The yremieea hereih descsibed aze mlthsn ettd 9ubject to the 9tBtUCOry poresB i.ncluding the power of aseea9meclt o! CAe Onifled 6eorerqge �►gency (Cont is�ued) W�.SHINGTCW WLINIY I, PNOPEAIY TAY The true CoaSide=ation for �h�s Cotloeyance is SaZO 000 00 � r � t .m n 01 ` FC�PND p�lE Datefl � e � Z� � . 1E a corporaCe granCOr it has Caused ite name to be a ed by order et ice boarG oY directors �/��� �e�.w.r.a` � �e� �u.�T_ C�c�lat C 4 rtn.e.a�T��ii, �red C Par�sh ZYuaeee I,oreta Araes Par19A, Truatee of cha Frad C@ar�Sh Truet anB Loseta 1►rant Paziah Tru�e 61'ATB OF ORBqON CourlGy ot�-cu.l�.Q��'�� 19B bis str�n�Wae/¢eknpvl�dged bt ore mz on � Q—„-,—•._— �1Cll?l r �- - i�Q,��,a��� �c..�o�i.� ,L Tnis inatzvmeqs •as acknovledge befare me on , by ee oP Notasy lic for regnn o�Ci•�sE,LL hry commi&aion expiseB NPT�TP O��pEEGqy M�COMtQ9910h�pi�4�p UARY t�41 � _� AUG 3 2001 12 56AM NO 151 P 3 � • order Ho aa0329 LiGaL D�SGRIiTtall PARCSG S A par� ot �haC ccrtaln cract o! Iand con�ey�orea ne De d Recosds and mocesecarCed on page 1�g oE �olume B3 0£ Washingson Coun[y q paCtiCUlarly deaer�Ded as folloaa 8eginninq ac ��e one Eouz�h roraer on rhm Nor�h line of Sec�ion � Tocmehip 2 sou�l+ Rang 1 Nee[, �1114mette berldian ln C�e County ot �a9Aingecn and Sta[e of 4regon, end running the�ce sou�h o•57 lieee elone Che Noren and Soueh center Line a[ sAid 6ec�ion 22i6 8 Leet �o sr �ron pipe [hence NortR B�°�6� Eae� Y36 3 Eee�r �hence l7or�h 0•59 fiaYt 223 5 leeC Co the �sue pla�e oi baglnning of tAe Lract he=ein deaerieed Detng aleo tAe Sou�hves� cornes of thet ceraein one hal! acre crace oE land conveyed ao Gertrude M btini�h ee de�cribed on page 190, i� 800t 2B6 of WOeAing�on �ounty Oregon. Deed Reeotds svnning thenee fro�n t1�e e0ove descfri6ad true plaee o! Deginning Norrh e�°�6 Baa� io0 o feet [o �Ae Northaeet corner ot the aeid smith Tract Ct�e�ce NoreA o°59' 6aes 32� e teeC to e goint on the NorGA line oE QoinC�CAeree 6odthCO°59e AestA330o07leet�ta thesplaee ofoDe9lnningortA line �o a 6XCHPTING TFIERSPRGM( che follotii�g drsacribed pareel o! land 6ou�hCtRangeald%eatea£ thACWillameccenMeridianaain�chetCounCy3o�tWa6hing�onnnndP 2 s�a�e oE oregan more patiticula=ly deHCCibed 83 follo�oe Cc+mmnncing at a pnint on the North SouCA cen�esliae a£ adid Sectio� 3 aC CPa Nor�hweec eorner o! ehe � M Ponr,er �race as daseri.bed in DePd Bo�k e3 Paga 179 being South 00°�6 00" Weac 1 650 06 iee[ irom c11e quartar cornez on t�e NostC line o£ eai9 Section thance 9outh 89°15 37° 89et 236 23 leet Co the NorC�Weat eornei of C�at �ract recosdAB ia Deed Book 1�1 Page 34� and the Crue point oE beginning 55°a5e d" West9121 9��faetCtogtAe Kes[ lineh�here fea�h¢ncenoo°98e05�£Easte69e9aouth lee� eo �he t�rue point oi begi.nnar�g PARCSL II ' eeieuJ a 88rt of shee eertain traet of land canveyed ca Vg"n M Aonner by doed aa zecorded art Psge i79 of volume B3 oE �Vashington Caunty orPgon pead Recorda more pastieularly de4esibed as Pollowe to-oriC 9egisiRing at e poznt in ehe center ot Caun[y Roa9 do �95, whlch Do1nt oY t�eqir+nitu� is reaChed by beginnzty aC k�e �uen�� wYner on CRe Nosth 11ne oE SecCion 3, Tovnslfip 2 5ouCA RBnge 1 �ae� of Che Wsliamette Mtsldian ana sunnin4 thahce South e°53 �e9C aloag the gorth and 8outh ceater liae o! eaid Section, 2216 B teeC to an iTOn pl�e Chence taorth e7°�6 Eqst Z36 3 £eee to cl�a place ot begi.naing o! the �erCZn deSeribed traet� £som the deacriDe9 plare of begicmis�g Lhe xecogrllzee cenCer e��96c[�oi1C3a1Tog�[hepeentezcof Ca��y1Raefltm� 495 wa1dieC8lsCe olia36�3 leete and� SouCh 0 53 Weet along the center line of eaid Sectlon 3 a dlsCanca of 462 0 fcetr thence fsom �he dcmcribeB place of beginni�g Nor�h 0°59 Eaet a0 0 feeC to an iron pipe o� the Nozcherly 3ine oE Coun�y RoBd No a95 Chence conCinuiflg NoYCh C°59 6aet 203 5 feeC to an ison piper thence Norzh B7�16' Eaec l0a o Lee� co ar. azan plge� CRencd Soutll 0°59 weet 203 9 feet to ah is�n pip� on �he Nortnerly lino oi County Road a95 thenCe continuing SoueA 0°59 We9t ZO D fee� to a poini ia the cenCer 0£ ea�G County Roed No 495 thence SouLh B7°46 Wogt along the center oE eeid road a die��nee o� loo a feee co che plaee of beg�nning � AUG 3 2001 12 57AM NO 151 P 4 i mc�bsaav�� cwbiaa�d Z 2'Ae rigfieo ef the puhlie aq nntl co ¢hac parcion oi ere psemi9ee herein deocsibed �ying dithin [hr lim�[a ot Roada SCr�ees end Nlg�waye 3 BAeemen[ for ingreae snd egtaas aEove end belev �he eurEace ot the len0 ee implied by reeervatinp af mineral riqhte in deed, Recosdrdi ]uly 16 iB91 Book 3Z page i From Uniled staeea of Ameriea � / - ' }--- { F- \G I AFTER RECORDING RETIIl2N TO y\ ST/+ JF OREGON l SS ` County of Washington d John Stark _--- K�m Ervin I, Je � T j�t r of Assess- ment and d�- �d�i�o County � � ,p�,X �3.Z �� Clerk for i o �a, rtify that rJ _ _ the wit eceived � � � f said � PG r t��v�� �� � 1 Z� i county U : °� �r'�` �� *±� * , � * � ' �n . • � Until a change is requested all tax ��** � ' *�" {j � statements shall be sent to the following ��� * '� �� irector of J address ` � � axation,Ex- � ���'R-/�I"r-C Q.$ �bo v� lerk Doc 20U1055916 , Rect 28U754 252 UO � 06/12�2001 O i �8 19��m Escrow No 4500-41846-KE Order No 220129 WASHINGTONCOUNTY 2001055916 I IIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII WARRANTY DEED - STATIITORY FORM (INDIVIDUAL or CORPORATION) FRED C PARISH and LORETA AR.ANT PARISH as Trustee of the Fred C Parish Trust executed the 21st day of April 1993 as to an undivided one-half interest and LORETA ARANT PARISH and FRED C PARISH as Trustee of the Loreta Arant Parish Trust, executed the 21st day of April 1993, as to an undivided one-half interest, all together as tenants in common Grantor, conveys and warrants to JOHN STARK and KIM ERVIN �rantee, the following described real property free of encumbrances except as specifically set forth herein (Continued) This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses and to determine any limits on lawsuits against farming or forest practices as defined in ORS 30 930 ENCUMBI2ANCES 1 The premises herein described are within and sub�ect to the statutory powers including the power of assessment of the Unified Sewerage Agency (Continued) , WASHINGTCN COUMY ' �EAL PROPERTY TRANSFER TAX The true consideration for this conveyance is $220, 000 00 f ,� � s oZ' O.00 ��D IoZ OI �_ �t��' ('LE PA60 UATE 3ted �� u � � � , if a corporate grantor, it has caused its name to _ s ed by order of its board of directors �a�t,��� ��� ��iu_a�-� �fut.��, Fred C Parish Trustee Loreta Arant Parish Trustee of the Fred C Parish Trust and Loreta Arant Parish Trust STATE OF OREGON, County of ) ss _ This nstrument was cknowledged be ore me on ��f�� by � This instrument was acknowledge before me on , , as F Notary P lic for regon OFFICIALSEAL My commission expires ' KATHY E EICHLER ` NpTARY PUBLIC OREGON COMMISSION NO 31998g � /� MY COMMISSIOl�EXPIRCS FEBRUARY 74 2003 �J � _ � Order No 220129 LEGAL DESCRIPTION PARCEL I A part of that certain tract of land conveyed to Verne M Fonner by Deed recorded on Page 179 of Volume 83 of Washington County, Oregon, Deed Records and more particularly described as follows Beginning at the one-fourth corner on the North line of Section 3, Township 2 South Rang 1 West, Willamette Meridian, in the County of Washington and State of Oregon and running thence South 0°53' West along the North and South center line of said Section 2216 8 feet to an iron pipe, thence North 87°46' East 236 3 feet thence North 0°59' East 223 5 feet to the true place of beginning of the tract herein described, being also the Southwest corner of that certain one-half acre tract of land conveyed to Gertrude M Smith as described on Page 190, in Book 286 of Washington County, Oregon, Deed Records, running thence from the above described true place of beginning North 87°46 East 100 0 feet to the Northeast corner of the said Smith Tract thence North 0°59' East 324 8 feet to a point on the North line of said Fonner Tract, thence North 89°07' West 99 85 feet along said North line to a point thence South 0°59' West 330 0 feet to the place of beginning EXCEPTING THEREFROM the following described parcel of land A tract of land in the West half of the Northeast quarter of Section 3 Township 2 South Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon more particularly described as follows Commencing at a point on the North South centerline of said Section 3 at the Northwest corner of the V M Fonner tract as described in Deed Book 83 Page 179 being South 00°46 00" West 1,650 06 feet from the quarter corner on the North line of said Section, thence South 89°15' 37" East 236 23 feet to the Northwest corner of that tract recorded in Deed Book 171, Page 347 and the true point of beginning thence South 89°15' 37" East 99 85 feet to the Northeast corner thereof thence South 55°45 02" West 121 97 feet to the West line thereof, thence 00°48' 05" East 69 94 feet to the true point of beginning PARCEL II Being a part of that certain tract of land conveyed to Vern M Fonner by deed as recorded on Page 179 of Volume 83 of Washington County Oregon, Deed Records more particularly described as follows, to-wit Beginning at a point in the center of County Road No 495, which point of beginning is reached by beginning at the quarter corner on the North line of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, and running thence South 0°53' West along the North and South center line of said Section 2216 8 feet to an iron pipe thence North 87°46 East 236 3 feet to the place of beginning of the herein described tract from the described place of beginning the recognized center of Section 3, Township 2 South, Range 1 West of the Willamette Meridian, bears South 87°46' West along the center of County Road No 495, a distance of 236 3 feet, and South 0°53' West along the center line of said Section 3, a distance of 462 0 feet thence from the described place of beginning North 0°59' East 20 0 feet to an iron pipe on the Northerly line of County Road No 495, thence continuing North 0°59' East 203 5 feet to an iron pipe, thence North 87°46 East 100 0 feet to an iron pipe, thence South 0°59' West 203 5 feet to an iron pipe on the Northerly line of County Road 495, thence continuing South 0°59' West 20 0 feet to a point in the center of said County Road No 495, thence South 87°46' West along the center of said road a distance of 100 0 feet to the place of beginning � • Y� T Encumbrances, continued 2 The rights of the public in and to that portion of the premises herein - described lying within the limits of Roads, Streets and Highways 3 Easement for ingress and egress above and below the surface of the land as implied by reservation of mineral rights in deed, Recorded July 16, 1891 Book 32 Page 1 From United States of America � Na�rative r�opos� The apphcant proposes to create a 31ot partihon on ex�stin�tax lot ZS103AC00900 Access�s granted to the 2 bwldable lots by means of a recorded access and uhhty easement All lots exceed the m�mmum lot area and exceed the 75 foot avera�e lot v�ndth standard A 3rd parcel at the North end of parce1900 Hnll be conveyed to the City of Tigard,represenhng the buffer area for the sensitave lands as recommended by Clean Water Services Descnption of Site and Vic�uty The site�s a long rectangle,approximately 100 feet wide by 350 feet The site falls from the road down to a drau�age way at the North end of the site,slopu��gendy from the road North 100 feet at approximately 3'/z percent,then falls at appro�mately 12 percent for the next 2000 feet and approximately 20 percent for the fina150 feet All surrounding uses are smgle family residences Infrastructure Improvements Streets SW Fonner Street cons�sts of approximately 21 feet of pavement�nndth No curbs or side walks e�ast to the West of the site Cwb and sidewalk start at the East end of the site into a newer subdivision The apphcant volunteers to enter into an a�reement to reqiure owners of all parcels to econonucally panc�ipate m any future half street improvements Stoim water The only accessible storm water draulage�s to the drainage way at the north end of the site The apphcant proposes to pay a fee in heu of an onsite storm water retenhon facility Fee to be paid at time of bwlduig pernut subnuttal San�tary There�s an ex�shng sarutary sewer lu�e in SW Fonner to serve the new parcels Water There is an ex�shng water maui in SW Fonner to serve the new parcels Apphcable Code Regulahons Impaet Statement� 18 390 040 e Include an impact study The�mpact study shall quanhfy the effect of the development on public fac�Lhes and setv�ces. The study ehall address,at a mrnimum,the transportation syetem,includ�ng bikeways,the drainage system, the parlce eystem,the water eystem,the sewer system,and the noise�mpacts of the developmenG For each publ�c facil�ty system and type of�mpact,the etudy ehall propose�mprovements necessary to meet C�ty standards and to rYUnim�ze the impact of the development on the publ�c at large,pubLc facil�hes syetems and affected pnvate properly use�s. In e�tuahone where the Commumty Development Code reqwres the dedicahon of real property interests,the appl�cant ehall either spec�cally concur with the ded�cahon requ�rements,or prov�de evtdence wh�ch suppods the conclus�on that the real properly dedicahon requirement is not�oughly proportional to the pro�ected�mpacts of the development Lnmediabe impact on pubhc facihti�and service� The proposed part�tion itself will have no immed�ate effects on any public facil�ties or services,as Applicant proposes no development in con�unchon with the proposed pazhhorung However,the proposed partit�orung will ultunately allow the creahon of two add�tional sin�le-farruly res�dences Transportahon system impacts The possible add�hon of two smgle-family res�dences at some future date w�ll�enerate approxunately 30 add�honal daily tnps from those residences The unpact on AM and PM peak hour velucle movements through azea�ntersechons w�ll be of mimmal unpact and is anhcipated�n the overall commumty plan as the density from the R4 5 zone is maintained Drainage system impact�The poss�ble addrt�on of two single family residences at some future date will necess�tate connechon to the exishn�stormwater management in the area It is proposed that a fee in lieu will be pa�d for storm water retenhon The future addihon of impervious surfaces for two single fanuly res�dences will have muumal unpact on the overall drvnage system as the density from the R4 5 zone�s maintained Park system impact� The possible addihon of two sin�le farruly res�dences is anhcapated ut the denstty of the R4 5 zone and will have minimal if any unpact on the park system. Sewa syetem impact� The poss�ble addition of two sutgle family res�dences at some future date will necess�tate connection to the ewsting public sewer system in the area Pubhc sewer is available immediately ad�acent in SW Fonner Street The future addition of two single farruly res�dences will have rrununal unpact on the ex�st�ng sewer system as the density from the R4 5 zone is mainta�ned Noise Iatpact� Noise unpact will be rrunimal with the possible addrt�on of two single fanuly residences The residenhal use is the same as surroundmK uses and will have no adverse affects.All setback reqwrements are�ntended to be maintained Ded�cahon Reqwremeots This namat�ve addresses the necessary dedicaUon reqwrements later m more detail The apphcant will comply with any apphcable City dedicaUon requuements unphcated by the proposed parhhomng LAND PARTITIONS 18.420 O10 Purpose A. PutpOSe The purpose of tivs chapter�s to provide rules,regulatwns and standards govertung approval of partd�ons 18 420 020 Admlmstrahon A. Apphcant The appl�cant of a partrtion proposal shall be the recorded owner of the property or an agent a�cfhonzed�n wnt�ng by the owner B Conformance w�th state statute Any apphcaiion for a land partition shall be m confornuty w�th all state regulat�ons set forth m ORS Chapter 92 Subdrv�sion and Partriions C Protubrt�on on sale of lots No lot or parcel to be aeated Uvougfi the partrt�onmg process shall be sold urrtil approval and fil�ng of the final partmon plat_ D Future re drns�on W6en partit�onuig tracts��o large parcels,the Dtreclor shall requu�e ihat the parcels be of such size and shape to facilrtate future re partitiorung of such parcels m accordance wrth the requvements of the zomng d�stnct and t}us t�Ue THE APPLICANT WILL FOLLOW THE CITY OF TIGARD DEVELOPMENT CODE AS OUTLINED ABOVE 18 420 030 Approval Process A Deasion malung arocess The Dvector shall approve appmve wAh condd�ons or deny ao apphcation partrt�on,wFuch shall be rev�ewed by means of a Type II procedure as governed by Chapter 18 390 usuig approval cntena conluned m SecLon 18 420 O50 B Tune hrrut on approval The partdion approval by the Duector shall be effectrve for a penod of 1 1/2 years from the date of approval C Lapsme of approval The pariRwn or approval by the Dvector shall lapse�f 1 The partA�on has not been recorded or has been�mproperly recorded with Washmgton County w�thout the satisfactory completwn of all condd�ons attached to the approval 2 The final recordu�g is a departure from lhe approved plan D E�ens�on I'he Ihredor shall,upon wntten request by the appl�carrt and paymetrt of the requved fee gant an extens�on of the approval penod not to exceed one year provided that 1 No changes are made on the ongmal plan as approved by the D�rector 2 The appl�cart can show mtent of recordmg the approved partrt�on or lot Ime ad�ustment wrthm the one year extension penod and 3 There have been no changes m the appLcable Comprehensrve Plan pohc�es and ordmance provis�ons on wluch the approval was based THE APPLICANT WILL ADHERE TO THE ABOVE NOTED APPROVAL PROCESS 18 420 040 Appticatlon Snbmission Reqalrements A General submission requvemenLt All apphcations shall be made on forms provided by ihe Dvector and shall �nclude mforroaUon requved for a Type II apphcat�on,as governed by Chapter 18 390 B Spec�fic subrtusswn requvements All apphcaUons shall mclude ihe prelumnary lot Ime map and necessary u�format�on m grapluc and/or w�men form 1'he D�rector shall provide the appl�cant wrih detailed mformaLon about these subm�ssion requvemerrts THE APPLICATION HAS BEEN SUBIVIITTED dN CONFORMANCE WdTH THE A�OVE NO'I'E�REQUIR�EMENTS 18 420 O50 Approval Ctiiterle A Aaaroval rntena A request to part�Uon land shall meet all of the follow�ng rnteria 1 The proposed partit�on complies wrth all statutory and ordmance reqmtements and regulatwns 2 There are adequate pubhc facilrties are available to serve the proposal 3 All proposed improvemems meet Ctty and apphcable agency standards and 4 All proposed lots conform to ihe speafic requuements below a The nurumum width of the budding envelope area shall meet the lot requ�rement ofthe appLcable zomng d�stnct b The lot area shall be as requved by the apphcable zomng d�stnct In ihe case of a flag lot,the accessway may not be mcluded m the lot area calculat�on T�E EXdSTING PARCEL IS PROPOSED TO B� PARTITIONED INTO 3 SEPARATE PAIiCELS PARCEL A SHALL HAVE A IIAT AIiEA OF 5,000 SF PARCEL B IS PROPOSED TO HAVE AN AIt�A OF 10,300 PARC�L C IS PROPOSED TO HAVE AN AREA OF 16,100 SF PARCEL C WII,L BE CONVEYED TO THE CITY AS A NATURAL BUFFER TO THE DESIGNATED SENSITIVE LAND AREA AT THE NORTH END OF THE SITE ALL PARCELS MEET OR EXCEED'I'BE MIN7MUM LOT AREA AND WiDTFI REQUIREMENTS AS SHOWN ON THE PROPOSED PLAT MAP c Each lot created through the partR�on process shall front a publ�c nght of way by at least 15 feet or have a legally recorded rtununum 15 foot w�de access easement A PROPOSED 15 FOOT WIDE ACCESS �ASEIVIEN'I'AS SHOWN ON TH� PROPOSED PLAT 1VIAP WILL BE LEGAI,F..Y RECORDED UPON APPROVAL d Setbacks shall be as requ�red by the appl�cable zonmg distnct ALL SETBACKS FOR THE APPLICABLE ZONE CAN BE ACHIEVED WITH THE PROPOSED PARTITION e When the partit�oned lot is a flag lot,the developer may determme the location of the frrnA yard prov►ded ihat ao s�de yard is less than 10 feet Struchues shall generally be located so as to maximize sepazat�on from ex�stmg structures f A screen shall be prov�ded along the property hne of a lot of record where the paved dnve m an accessway �s located witlun ten feet of an abutting lot m accordance wrth Sections 18 745 O50 Screenuig may also be requved to maimam pnvacy for abuthng lots and to provide usable outdoor recreation areas for proposed development A 5 FOOT LANDSCAPE BUFFER ALONG 1'HE WEST BOUNDARY OF THE PROPOSED ACCESSWAY WILL PROVIDE SCREENING AS R�QUIRED ABOVE g The fire distnct may requve the rostallaUon of a fire hydrant where the length of an accessway would have a detnmental effect on fire figfWng capabild�es A FIRE HYDRANT LS LOCATED ON THE SOUTH SIDE OF SW FONNER STREET DIRECTLY ACROSS FROM THE WEST BOUNDARY L.INE OF SUBJECT PROPERTY NO AIDDITIONAL FIRE HYDRANT IS PROPOSED h Where a common dnve�s to be prov�ded to serve more than one lot,a reciprocal easemert wtuch will ensure access and maimenance nghts shall be recorded with the approved part�Uon map AN EASEIV�NT IS PROPOSED AND WILL BE RECORDED UPON APPROVAL OF THE PARTTfION MAP 4 My accessway shall comply wrth the standards set forth m Chapter 18 705 Access Egess,and Cvculation THE PROPOSED ACCESSWAY WILL COMPLY WTTH THE APPLICABLE STANDARDS AS SET FORTH IN CHAPTER 18 705,ACCESS,EGRESS,AND CIRCULAT`ION 6 Where landfill and/or development is allowed wrtlun or adjacent to the one hundred year floodplam the Ctty shall requve consideration of the dedicai�on of sufficient open land area for geenway adjommg and w�ttun the floodplam This azea shall mclude portions at a smtable elevai�on for the constructwn of a pedestnan/bicyde pathway wrth the floodplam m accordance w�th the adopted pedestrran/b�cyde pathway plan 7 An appLcation for a vanance to the standazds prescnbed in this chapter shall be made m accordance wtth Chapter 18 370 Vanances and Ad�ustments The apphcaUons for the parduon and vanance(s�ad�ustmerrt(s) will be processed concurrertly 18.420 060 Final Plat Submission Reqolremeirts A Subrmttal All final plats for partd�ons shall be accomparued by three cop�es of the partdion plat prepared by a land surveyor or engmeer I�censed to prachce �n Oregon and necessary dafa or narratrve The final plat shall mcorporate any condfions of approval�mposed by the Dveclor as paR of the prelurunary plat approval B Standards The partiUOn plat and data or narratrve shall be drawn to the rrummum standards set forih by the Oregon Rev�sed Statutes(ORS 92 OS)and by WasFungton County as descnbed in detad by uil'ormat�on prov�ded by the Ihrector at the t�me of apphcatwn FINAL PLAT SUBMITTAL WILL ADHERE TO THE REQUIREMENTS NOTED ABOVE 18 420 070 City Acceptance of Dedlcated Lsnd A Acceptance of ded�cattons bv Gtv En�neer The C�ty Fngmeer shall accept the proposed nglrt of way ded�cat�on pnor to recordmg a land partrt�on B Acceptance of public easements bv Crtv Enameer The CRy Eng�neer shall accept all pubhc easemrnts shown for ded�catwn on part�t�on plats 18 420 OSO Recordu�g Partrtlon Plats A. Recordme requvements Upon the D�rectors approval of the proposed mmor parirtioq the apphcant shall record the final partR�on plat with Was}ungton County and subrtut a copy of the recorded survey map to the Cdy to be mcorporated mto the record B Time hmA The apphcant shall submrt the copy of the recorded nunor parirt�on survey map to l6e C�ty wNun 15 days of recordmg,and shall be compleled pnor to the issuance of any bmldmg permrts on the re configured lots■ THE PARTITION PLAT SHALL BE ItECORDED AS NOTED ABOVE Chepter 18 510 Residential Zoning llistrlcts 18 510 O10 Purpose A Preserve ne�ahborhood livabilrtv One of the ma�or purposes of the regulauons govemmg developmert in res�dent�al zomng d�slncts �s to protect the Irvab�lity of ex�st�ng and future resident�al ne�ghborhoods by encouragmg pnmanly residerrtial developmem wrth compat�ble non res�dent�al development—schools,churches parks and recreaLon fac►Imes,day care centers, ne�gtiborhood commerc�al uses and other sernces at appropnate IocaUons and at an appropnate scale B Encoura�ee consWctwn of affordable housms Another purpose of these regulat�ons �s to create the envtronmeat m wh�ch �onstruclion of a full range of owner-0ccup�ed and rental housmg at affordable pnces ts encouraged Tlus can be accomphshed by prov�dmg residenhal zomng distncts of vary�ng dens�t�es and developmg flexible design and development standards to encourage mnovation and reduce houstng costs 18 510 020 List of Zonmg Distrlcts B R-4 5 Low Densitv Res�deM�al D�stnct The R-4 5 zomng d�stnct is designed to accommodate detached smgle fatruly homes w�th or wrthout accessory res�derri�al umts at a m�mmum lot s�ze of 7 500 square feet Duplexes and uttached smgle family uruts aze permitted condrt�onally Some crvic and�nst�tuhonal uses are also permttted cond�uonally TWO ADDITIONAL DETACHED SINGLE-FAMILY DWELLING UNITS ARE PROPOSED ALL PARCELS MEET OR EXCEED THE MINIMUM 7,500 SF LOT SIZE l8 510 040 Mmimum and Ma�mum Densitles A ose The purpose of ttus sect�on�s to estabhsh m�n�mum and mawmum densmes m each residerrt�al zomng cLstr�c4. To ensure the quality and dens�ty of development env�sioned the maximum densRy establ�shes the ceilmg for developmerrt�n each zoiung d�stnct based on mmunum lot size To ensure that property develops at or near the densny env�s�oned for the zone the mmtmum dens�ty for each zonmg distr�ct has been established at 80%of ma�mum densrty B Calculatma tmmmum and max�mum densit�es The calculat�on of rtunimum and mawmums dens�t�es �s governed by the formulas m Chapter 18 715 Dens�ty ComputaUOns C Adiusiments Apphcants may request an ad�ustme�rt when,because of the s¢e of the site or other constrairt,rt�s not possible to accommodate the propoAaonal rturumum densrty as requved by Section 18 715020C and still comply w�th all of the development standards�n the underlyu�g zorung d�strid as cordained in Table 18 510 2 below Such an adjustment may be granted by means ofa Type I procedure as govemed by Chapter 18 390 usmg approval crrtena m Sechon 18 370 020 B1 A 2 PARCEL PARTTTION ON THE PARCEL ACHIEVES BOTH MINIMUM AND MAXIMiJM DENSITY THE OVERALL SITE IS 34,500 SF IN AREA. 34,500—16,100(SENSITIVE LAND)=18,300 SF MAXIIVIUM AENSTI'Y = 18,300/7,500 =2 44 OR 2 LOTS MINIMUM DENSITY =2 44 X SO% =195 OR 1 LOT 18.510 050 Development Standards A Comvhance requved All development must wmply wrth 1 All of the apphcable developmert standards contamed m the underly�ng zonmg d�slncl,except where the apphcarrt has obtamed vanances or adjustments m accordance w�th Chapters 18 370 2 All other appl�cable standards and requvements co�ned m tlus title B Develoament Standards Developmeirt standards m res�dential zoning dismcts are contamed m Teble 18 510 2 C TABLE 18 510 2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4 5 M�n►mum Lot Size Detached urut 7 500 sq ft Duplexes 10 000 sq ft Attached unrt[1] Average Mimmum Lot Width Uetached unrt lots 50 ft Duplex lots 90 fl. Attached unR lots Maximum Lot Coverage Mwmum Setbacks Front yard 20 R S�de faang street on corner&il�rough lots 15 ft Side yard 5 ft Rear yard 15 R S�de or rear yard abuttmg more reslnctrve zonmg distnct D�stance between propeAy Ime and frocR of e 20 ft. Maximum Hetght 30 ft Mvumum Landsca e R vement [1]Smgle family attached residenttal umts pernuried at one dwellmg per lot with no more that five atiached uruts m one goupmg. [2]Lot coverage mcludes all buildings and unpervious surfaces ALL IDEVELOPMENT STANDARIDS CAN BE ACHIEVED WITH THE PROPOSED PARTTTION CHAP'fER 18.705—ACCESS EGRESS,AND CIRCULATION 18 705.010 Purpose A PuIpOSC The purpose of t}us chapter is to establ�sh standards and regulahons for safe and effic�ent velucle access and egress on a site and for general c�rculat�on wRtun the s�te 18.705.020 Applicabitity of Provuions A. When prov�sions aoplv The prov�s�ons of lFus chapter shall apply to all development mcludmg the construction of new structuret the remodelmg of ebst�ng struchues(see Sechon 18 360 O50) and to a change of use wtuch�naeases the on site pazkmg or loadmg requvements or wtuch changes ihe access requvements C When sIIe des�en review�s not requu�ed Where the prov�s�ons of Chapter 18 360 Site Developme�rt Rev�ew do not apply the Dvector shall approve approve wdh condri�ons or deny an access plan subm�tted under the prov�sions of t}us chapter m con�unct�on wRh another permit or land use aclion D Confl�ct w�th subdrvis�on reauuements The reqmremeiris and standards ofttus chapter shall not apply where they confl�ct wrth the subdrvis�on rules and standards oftFus trile 18.705 030 Generet Provisions A. CoMmum� obheat�on of oropertv owner The provis�ons and mamtenance of access and egress shpulated m tlus tdle are corrtmmng requ�remems for the use ofany sWcture or parcel of real property m ihe Crty B Access plan requvemems No buildmg or other pemut shall be �ssued untd scaled plans are presetRed and approved as prov�ded by ttus chapter that show how access, egess and arculaiion requ�rements aze to be tulhlled The apphcarrt shall subctut a s�te plan The Dvector shall prov�de the apphcant w�th detailed mformat�on about tlus subirussion requvemerR C Jourt access Owners of two or more uses swctures or parcels of land may agree to utd�ze�ourtly the same access and egress when the combmed access and egess of both uses sttuctures, or parcels of land satisfies the combmed requvemems as des�gnated m tlus trtle provided 1 SaUsfactory legal evidence shall be presemed m the form of deeds easements leases or cor�tracts to estabhsh the�omt use and 2 Cop�es ofthe deeds,easements,leases or contracls are placed on pe�maoeM file wri6 ihe CRy D Publw street access All veluculaz access and e�ess as requued m Sechons 18 705 030H and 18 705 030I shall connect dvectly with a public or pnvate street approved by the C�ry for public use and shall be mairrta�ned at the requu�ed standards on a contmuous basis D Curb cuts Curb wts shall be m accordance w�th Sechon 18 810 030N NO CURBS OR SIDEWAI.KS EXIST IN THE SUBJECT PROPERTY AREA. NO STREET IIVIPItOVEMENTS ARE PROPOSED WITH THIS PARTITION H M�tumum access reauuemetRs for residertial use 1 Vehwular access and egress for smgle family duplex or attached smgle famdy dwellmg unRs on mdrvidual lots and mulU family resident�al uses shall not be less than as provided m Table 18 705 1 and Table 18 705 2 TABLE l8 705 l VEHICULAR ACCESS/EGRESS REQUIREMENTS RESIDENTIAL USE 6 OR FEWER UNIT Nomber Dwelling Umt/Lotv Mmmiam N�ber of Muumam Access W�dt6 Mu�imum Pavement Wldth Drneways Reqmred 1 or 2 I 15 10 THE ACCESS WAY IS PROPOSED AT 15 FEET IN WIDTH 3 Pnvute res�dent�al access dnves shall bc prov�ded and maurtamed m accordance wrth the prov�sions of the Uruform Fire Code 4 Access dnves in excess of 150 feet�n length shall be provided wAh approved prov�sions for the turmng around of fire appazatus by one of the followmg a A c�rcular paved surface havmg a mmunum tum radms measured from center pomt to outs�de edge of 35 feet b A hammerhead ccmfigured paved surface w�th each leg of the hammerhead hav�ng a mimmum depth of 40 feet and a muumum w�dth of 20 feet c The mawmum cross slope of a requved tumazound is 5% THE DRIVEWAY Wa.L BE DESIGNED AND CONSTRUCTED TO MEET APPLICABLE PROVISIONS OF THE FIRE CODE PLANS TO BE SUBMITTED FOR REV�W AT BUILDING PERMIT SUBMITTAL. 5 Velvcle turnouts (providmg a mmunum total dnveway w�dth of 24 feet for a d�slance of at least 30 feet) may be requved so as to reduce the need for excessrve veluculaz backmg motions m srtuat�ons where two vetucles travehng m opposrte daections meet on dr►veways�n ex�ess of 200 feet in lengih 6 Where pernvtted,rrummum w�dth for dnveway approaches to artenals or collector streets shall be no less ihan 20 feet so as to avoid traffic tunung from the street havmg to wart for tra�c ewtmg the s�te THE PROPOSED ACCESS DIiIVE MEETS THE MINIMUM WIDTH REQiTIRE1VI�NTS AND WILL,BE DESIGNED TO MEET TURNOUT REQUIREMENTS CHAPTER 18 715—DENSITY COMPUTATIONS 18 715 O10 Parpose A Puroose The purpose of this ctiapter�s to icnplemem the comprehensrve plan by establishmg the crtena far determmmg ihe number of dwellmg unrts permitted 18.715.020 Den�ty Calcaladon A Defin�t�on of net develovmeirt area Net development azea m acres shall be deternuned by subVachng the followmg land area(s)from the gross acres wh�ch�s all ofthe land mcluded m the legal descnpt�on ofthe propeRy to be developed 1 All sensiUve lund areas a Land withm the 100 year floodplam b Land or slopes exceedmg 25°/q c Dramage ways and d Wetlands 2 All land ded�cated to the public for park purposes 3 All land ded�cated for publ�c nghts of way When actual mformation is not available the following formulas may be used a Smgle family development allocate 20%of gross aaeage b Mult�family development allocate 15%of gross acreage 4 All Iand proposed for pnvate streets and 5 A lot of at leasl the size requUed by the applicable base zomng d�stnct,�f an ex�sGng dwellmg is to remam on the s�te B Calculatm�m��mum number of res�derrt�al unrts To calculate the maximum number of residetrtial ututs per net acre d�v�de the number of square feet�o lhe net acres by the rtummum number of square feet requued for each lot m the applwable zomng d�stnct D Calc,vlaUn�crurumum number of res�de�al uruts As requved by Sec4ion 18 510 040 the mmtmum number of res�dertt�al uMs per net acre shall be calculated by multtplytng ihe max�mum number of unrts determmed m Subsect�on B above by 80%(0 8� A 2 PARCEL PARTITION ON THE PARCEL ACHIEVES BOTH MINIMUM AND MAXIMUM DENSITY THE OVERALL SITE IS 34,500 SF IN AREA. 34,500-16,100(SENSITIVE LAND)=18,300 SF MA?�MUM DENSITY =18,300/7,500 =2 44 OR 2 L01'S MIlVIM[TM DENSITY =2 44 X 80% =195 OR l LOT CHAPTER 18 765—OFF STREET PARKING AND LOADING REQUIREMENTS 18 765.010 Parpose A Insure adequate veh�de oarkm� These parkmg requuemerrts are irttended to prov�de sufficient ve}ucle parkmg �n close prowm�ty lo the vanous uses for res�derrts customers and employees, and to establ�sh standards wlvch wdl mamtam the traffic carrying capac�ty of nearby streets B Adequate capaatv These regulaUons are also mtended+s to eslabhsh velucle parkmg azeas wtuch have adequate capac�ty and wlvch are appropnately located and des�gned to wn�nuze any hazardous condd�ons on the sde and at access po�ms 18 765 020 Applicability of Provislons A New construcGon At the t�me of the erectwn of a new structure withm any zomng distnct,off street veh�cle parking w�ll be prov�ded m accordance wRh Sedwn 18 765 070 PAYtI�TG REQUIIi�MENTS WILL �E ADDRESSED WITHIN THE BUIL]DING PERMIT REVIEW PROCESS PROPOSED PARCEI.S A AND B HAVE ADEQQATE SPACE FOR PARIaNG AND MANEUVERING AREAS 18.765 030 General Provisions B Locahon of velucle narkuie The locahon of off street park�ng will be as follows 1 Off street pazkmg spaces for su�gle fartuly and duplex dwellmgs and smgle facmly attached dwellmgs shall be located on the same lot with the dwellmg(s) PARI�NG SPACES FOR PROPOSED PAIiCELS A AND B WILL BE LOCATED AT THE TIlVIE OF BiTIIDLING PERMIT SUBMITTAY.. Table 18.765.2 Mtmunum and Maatmum Required Off street Vehicle and B�cycle Parking Reqairements PER CODE STANDARDS,ON�SPACE IS REQU�tED FOR EAC�DWELLIIVG UNIT ALL PARC�LS WII.L EXCEED'I'�YS NUNIBER SENSITIVE LANDS 18 775 O10 Parpose A Mamtam mteantv of rrvers,streams,and creeks Sensrtrve land regulat�ons wntained io Uus ctiapter are mtended to ma�rrtam the urtegrrty of the nvers,streams and creeks m Tigard by crururruzmg erosion,promotmg banlc slabilRy mamtammg and enhancmg water qualrty and fish and wddl�fe habrtats and presernng scemc qualrty and recreation potent�al B �lement comarehensive alan and tloodplau�manaaemeirt vrop,r m. The regulat�ons of tlus chapter are mtended to unplement the comprehensrve plan and the aty s flood plam managemeut program as requved by the NaUOnal Flood Insurance Program, and help to preserve natural sens�t�ve land areas &om encroachmg use and to mamtain the September 1981 zero-foot nse floodway elevahon C Protect pubhc health,safetv,and welfare Sens�Uve land areas are des�gnated as such to protect the pubLc heahh,safety and welfare ofthe commumty through the regulat�on ofthese sensmve land azeas D L.ocat�on Sensit�ve lands are lands potent�ally unsurtable for developmert because ofthev locat�on w�tlun I The 100 year floodplam, 2 Natural dratnageways 3 Wetland azeas wtuch are regulated by the other agenc�es mcludmg the U S Army Corps of Engmeers and the Drvision of Slate Lands or are des�gnated as s�gruficaat wetland on the Comprehensive Plan Floodplun and Wetland Map and 4 Steep slopes of ZS%or geater and unstable ground 18 775 020 Applicability of Uses Perniltted,Prohlbited,and Nonconf'orming A OuUneht vermrtted uses with no verm�t rewved Except as prov�ded by Subsechons B D and E below the followmg uses are outnght perm�tted uses wiUvn the 100 year floodplain,dramageways slopes that are 25%or geater and unstable ground when the use does not mvolve pavmg For the purposes of this chapter the word structure shall exclude children s play equ�pmeM ptcntc tables,sand boxes grills,basketball hoops and su�ular recreahonal eqmpmerrt 1 Accessory uses such as lawns gardens or play areas 2 Farm uses conducted wrthout locaUng a structure wrthm t6e sensiLve land area 3 Commumty reaeation uses excludmg structures 4 PubLc and pnvate conservat�on areas for water soil open space forest,and wildlife resources 5 Removal of poison oak,tansy ragwort,blackberry or other noxious vegetatwn 6 Mamtenance of floodway excludmg re channehng 7 Fences,except m the floodway area 8 Accessory structures wlvch are less than 120 squar�e fee[m size except m the tloodway area and 9 Land fmm alteraLons mvolvwg up to 10 cubic yards of matenal,except m the floodway area B Adm�mstratrve senstUve lands rev�ew 1 Adrtums�tratrve sens�uve lands pernuts m the 100 year floodplam, dramageway slopes that are 25% or greater and unstable ground shall be obtamed from the appropnate commumty development drvis�on for lhe followmg a The C�ty Engmeer shall rev�ew the installat�on of publ�c support faal�t�es such as underground utal�t�es and construction of roadway unprovemer�ts mcludmg sidewalks curbs streethghts,and dnveway aprons by means of a Type I procedure as governed by SecUan 18 390 030 sub�ect to comphance wdh all of the standards m ihis Chapter b The C�ty Engmeer shall rev�ew m�mmal gound d�sturbance(s)or landform aherahons mvolvmg 10 to 50 cub�c yazds of mater�al,except m the floodway azea for land►6at is wittun publ�c easements and ngFrts of way by means of a Type I procedure as governed by Section 18 390 030 sub�ect to compliance wdh sil of the standards m tlus Chapter c The Dvector shall review rmrumal ground d�sturbance(s)or landform alterat�ons tnvolvmg 10 to 50 cub�c yards of matenal except�n the floodway area by means of a Type I procedure as governed by Sed�on 18 390 030 sub�ect to compLance with all of the standards m tivs Chapter d The Dvector shall review ihe repav reconshvchon or�mprovement of an existmg structure or ut�lrty the cost of wluch is Icss thsn 50 percent of the market value of the structure pnor to the urtprovemerrt or the damage reqmnng reconstruchon prov�ded no developme�occurs m the floodway by means of a Type I procedure as governed by Sect�on 18 390 030 sub�ect to compl�ance wnh all of t6e standards m ih�s Chapter e The Bmldmg Offic�al shall rev�ew bu�ldwg permrts for accessory structures wtuch are 120 to 528 square feet m size except m the floodway azea and f The Dvector shall rev�ew appl�cat�ons for pavmg on pnvate property except m the floodway azea by means of a Type I procedure as governed by SecUon 18 390 030 sub�ect to comphance with all of the standards m tlus Chapter 2 The respons�ble commumty development d�v�s�on shall approve approve w�th cond�Uons or deny an application for a development perm�t, as descnbed above based on the standards set forih m secUons 18 775 O50 18 775 070 and 18 775 080 C Junsd�ct�onal wetlands Landform alterat�ons or developmeuls wtuch aze only wrtlun wetland areas lhat meet the�unsdict�onal requvemerAs and perm�t crrtena of the U S Army Corps of Engmeers Drv�s�on of State I.ands Urufied Sewerage Agency and/or other federal state or reg�onal agenc�es do not requve a sensdrve lands pennrt The C�ty shall requve that all necessary perm�ts �om other agenc�es aze obtamed All other appl�cable City requueme�s must be sat�sfied, mcludmg sens�trve land peRnrts for areas w�tlun the 100 year floodplam,slopes of 25%or greater or unstable�ound,dramageways and wetlands wtuch are not under state or federal�unsd�ct�on D Sens�trve lands vermrts issued bv che D�rector 1 The DUector shall have the authorriy to issue a sens�uve laods pernut m the followmg areas by means of a Type II procedwe as governed m Sechon 1S 390 040 usmg approval cntena contamed m SecLon 18 775 070 C E a. Drau�ageways b Slopes that are 25%or geater or unstable ground,and c Wedand areas wtuch aze not regulated by other local staie or federal agenc�es and are des�gnated as stg►uficant wetlands on the Comptehens�ve Plan Floodpla�n and Wetland Map 2 Sensrtrve lands penmts shall be requved for the areas tn SecGon 18 775 020 Dl above when any of the follow�ng cvcumstances apply a Ground disturbance(s)or land form alterat�ons mvolvmg more than 50 cub�c yards of matenal b Repau reconsWc4oq or�mprovement of an exist►ng structure or u�hty ihe cost of wluch equals or exceeds SO perceirt of the market value of the structure pnor to ihe�mprovemerrt or the daznage requvmg reconswchon c Res�dent�al and non res�derrtial structures mtended for human habrtation and d Accessory structures wtuch are geater thao 528 square feet m s¢e outs�de floodway areas E Sensrtrve lands pernuts�ssued bv the Heann�s Officer 1 The Heanngs Oliicer shall have the authonty to issue a censrtrve lands pertmt m the 100 year floodplam by means of a Type IIIA procedure as govemed by Sedion 18 390 O50 usmg approval cntena cortamed m Sechon 18 7'75 070�E 2 Sensrtrve lands pertmts shall be requ�red m t6e 100 year floodplazn when any of the followmg c�rcumslar�ces apply a Ground d�sturbance(s)or laodfmm alterahoas m all tloodway areas b Ground d�sturbance(s)or landfortn alteraLons�n floodway fimge IocaUons mvolvmg more than 50 cubic yards of matenal c Repau reconstruct�on, or�mprovement of an e�nst�ng structure or ut�lity the cost of wluch equals or exceeds 50 percent of the market value of the structure pnor to the�mprovement or the damage requuyng reconstrud�on prov�ded no developmeM occurs m the floodway d Structures mtended fot huroazi habrtation,and e Accessory structures wluch are greater than 528 square feet m s�ze outs�de of floodway azeas F O[her uses Except as exphcAly authonzed by other prov�s�ons of ttus chapter all ot6er uses aze prolubited on sensrtrve land areas G Nonconformm�uses A use established pnor to the adopt�on of tivs tRle wluch would be prolub�ted by tlus Chapter or wFuch would be sub�ect to the I�nutat�ons and cortrols �mposed by t}us Chapter shall be cons�dered a nonconfornung use Nonconformmg uses shall be sub�ect to the prov�s�ons of Chapter 18 760 18 775 030 Adn�dst�aHve Provislons A. Imeraeencv Coordmatwa The appropnate approval authonty shall rev�ew all sensrtrve lands pernut apphcat�ons to determme that all necessary petm�ts shall be obtamed from those federal state or local govemme�al agencies from wh�ch pnor approval is also requued C Applv Standards The appropnate approval authonty shall apply the standards sel forfh m Secttons 18 775 040 and 18 775 070 when rev�ewmg an application far a sens�trve lands pernut D Elevahon and flood proofine certificat�on The appropnate approval authonty shall requve that the elevat�ons and flood proofing cerhficat�on requved m Subsectwn E below be provided pnor to occupancy or final appmval of all new or substanlially improved swctures 18 775.050 General ProvLyions for Wetlands A. Code comvl�ance requvemerrts Wetland regulat�ons apply to those areas meehng the defirul�on of wetla�d m Chapter 18 120 of the Communrty Development Code areas meeUng Drns�on of State Lands wetland cntena and to land ad�acert to and w�ttun 25 feet of a wetland Wetland locations may tnclude but aze not I�tmted to those areas identified as wetlands m Wetland Inverrtory and Assessmecrt tor the City of Tigazd,Oregon, Fishman Enwonmental Sernces 1994 B Del�neai�on of wetland boundanes Precise boundanes may vary from those shown on wetland maps spec�fic delmeation of wetland boundanes may be necessary Wetland delmeaUon will be done by qual�fied professionals at the apphcant s expense 18 775 060 Eapvetion of Approval Standards for Eateosion of T�me A. Vo�d►ne of pemut Approval of a sensit�ve lands pertmt shall be void if 1 Substarrtial construct�on ofthe approved plan has not begun wdhm a one and-0ne half year penod or 2 Construchon on the srte is a departure from the approved plan B Grant�ne of extens�on The Dvector shall upon wntten request by the appl�cam and paymetrt of ihe requved fee gairt an extens�on ofthe approval penod not to exceed one year prov�ded that 1 No changes are made on the ong�nal plan as approved by the approval authonty 2 7'he apphc�nt can show tntent of rtut�utmg consWctton of the srte writun the one ycar e�ension penod,and 3 There t�ave been no changes to the applicable Comprehensrve Plan pol�aes and ordtnance prov�s�ons on wluch the approval was based C Notice of the dec�s�on Nohce of the dec�sion shall be provided to the appl�cart The Ihrector s deasion may be appealed by the appLcant as provided by Subsechon 18 32 310 A. l&775 070 Sensitrve Land Permits A. Pernuts reauved M appl�carrt who wishes to develop withm a sensrtrve area,as defined m Chapter 18 775 must obtam a peanrt�n certam sttuaLOns Depending on the nature and�rrtens�ty ofthe proposed actrv�ty w�tFun a sensR�ve area,erther a Type II or Type RI permrt is requued, as dehneated m SecUOn 18 775 O15 D and E The approval crrtena for vanous ku�ds of sens��ve azeas e g floodplam,are presetrted m Subsed�ons B E below C Wrth excessive slones The appropnate approval authorRy shall approve approve with condit�ons or deny an appl�caLon request for a sensmve lands permrt on slopes of 25%or greater or unstable ground based upon findmgs that all of the followwg cntena have been satisfied 1 The exterrt and nature of ihe proposed land form alterat�on or development will not create srte disturbances to an extent geater than that requved for the use 2 The proposed land form aheraUon or developmem w�ll not result m eros�on,stream sed�mentation ground utslabilRy or other adverse on srte and off sAe effecls or hazards to hfe or property 3 The structures are appropnately sRed and designed to ensure structural stabdrty and proper draznage of foundahon and crawl space areas for development wrth any of the follow�ng soil conddions wet/tugh water table tugh shruik swell capability compress�ble/orgazvc and shallow depth to bedrock and 4 Where natural vegetation has been removed due to land forni alterat�on or development,the areas not covered by structures or �mpervious surfaces wdl be replanted to prevem eros�on m accordance wdh Chapter 18 745 Landscapmg and Screecung D Wrt}un drazna�ewavs The appropnate approval authonty shall approve approve with condR�ons or deny an applicat�on requesl for a sensrtive lands permrt w�ttun drauiageways based upmi findmgs that all of ihe followmg crnena have been sat�sSed 1 The extent and nature of the proposed land fortn allera�on or development wdl oot create sde disturbances to the exteot greater than that requued for ffie use 2 The proposed land form aherat�on or developmert wdl not resuh m erosion,stream sedimentaLon,gound mstabilrty or other adverse on site and off sRe effects or hazards to I�fe or property 3 The water flow capacrty of the dramageway�s not deaeased 4 Where natwal vegetaLon has been removed due to land fortn aherat�on or developmert the areas not covered by structures or impervious surfaces will be replanted to preverrt erosion in accordance wnh Chapter 18 745 Landscapmg and Screemng 5 The dramageway will be replaced by a pubhc facil�ty of adequate s�ze to accommodate mawmum tlow m accordance with the adopted 1981 Master Drainage Plan 6 The necessary U S Army Corps of Engneers and State of Oregon Land Board,Drvis�on of State L,ands approvals shall be obtamed 7 Where land form alterahons and/or development are allowed wdlun and ad�acent to the 100 year floodplam the CRy shall requu�e the consideraUon of decLcat�on of sufficient open land area wdhm and ad�acerrt to the floodplam m accordance wrth the Comprehensive Plan This area shall mclude port�ons of a su�table elevation for the construcUon of a pedestnan/bicycle pathway w�thm the floodplazn m acoordance wrth the adopted pedestnan bicycle pathway plan E Wdlvn wetlands The D�rector shall approve approve�nnth condrtions or deny an apphcahon request for a sensrt�ve lands permd w�thtn wetlands based upon finduigs that all of the followmg cntena have been sat�sSed 1 The proposed land form aherat�on or developmert is nerther on wetland m an area des�gnated as s�gn►ticanl wetland on the Comprehensive Plan Floodplam and Wetland Map nor�s wittun 25 feet of such a wetland 2 The extem and nature of the proposed land form aheration or development will not aeate sRe distufiances to an extem greater than the muumum requved for the use 3 My encroachment or change m on site or off sde drainage which would adversely impact wetland charactenstics have been m�t�gated 4 Where natural vegetaLon has been removed due to land form aheraUon or development,etosion control provisions of the Surface Water Management program of Wastungton County must be met and azeas not covered by struc[ures or unperv�ous surfaces will be replarrted m l�ke or si�rulaz species m accordance wLLh Chapter 18 745 Landscapmg and Screerung 5 All other sens�uve lands requvemerrts of ttus chapter have been met, 6 The proviswns of Chapter 18 790 Tree Removal shall be met 7 Phys�cal Lututahons and Natural Hazards, F7oodplauis and Wetlands,Nat�ual Areas, and Parks Recreation and Open Space pohc�es ofthe Comprehensrve Plan have been saU�ed 18.775 090 Application Sabmis.�on ReqairemeMs A Apphcatwn submission requuements All apphcations for uses and actrvities�dent�fied ut Subseclions 18 775 020 B E shall be made on forms provided by ihe Duector and musl�nclude the following informat�on m grapluc tabulaz and/or narratrve form The spec�fic�nforn►ation on each of the followmg�s available from the DUedor 1 An ex�sGng sRe condrt�ons analys�s 2 A s�te plan 3 A grading plan,and 3 A landscapmg plan ■ THE PROPOSED MINOR LAND PART'ITION AND LOT LINE ADJUSTMENT COMPLIES WITH THE ABOVE SENS'I'IVE LANDS ItEQUIREMENTS THE PItOPOSED DEVELOPMENT NIAINTAINS T�E REQ�JIRED BUFFER FO�t THE SENSITIVE LAND AREA ( SEE SERVICE PROVIDER LETTER �'RO1VI CLEAN WATER SERVICES A PARCEL IS DESIGNATED TO BE CONVEY�D TO TH� CITY OF TIGARD TO PItESERVE SAID BUFFEIt AND SENSITIVE LAND AItEA STORM WATER RUN OFF IS DESIGNED TO FLOW INTO THE STREAM A THE NORTH END OF THE PitOPE1tTY TH� DESIGN COMPLIES WYTH APPLICABLE STANDARDS FOit Q�JALITY ANID EROSION CONTROI. TREE REMOVAL IS 790 O10 Purpose A. Value of trees Afler years of both natural gowlh and plarrtmg by residents ihe City now benefits from a lazge number of trees These trees of vaned types add to the aestheGc beauty of the communrty help cleao ihe av help control eros�on,mamtam water qualRy and prov�de no�se bamers B Purposes The purposes of tlus c6apter aze to 1 Encourage the preservat�on,plarrtrtmg and replacemert of trees in the C�ty 2 Regulate the removal of Vees oo sensrtrve lands►n the CRy to el�mmate unnecessary removal of trees 3 Provide for a tree plan for developmg properUes 4 Protect sensrt�ve lands from eroswn 5 Protecl wntcr qual�ty 6 Provide mcentrves for tree retenGon and protecUon and 7 Regulate commerc�al forestry to corttrol the removal of Vees m an urban envvonmem C Recop�uze need for exceptions The Cdy recoguzes that,norinthstandu�g these purposes,ai the hme of developmerrt rt may be necessary to remove certam trees m order to accommodate struchues streets utilrties and other needed or requved �mprovements w�th�n the development 18 790 020 DeBnitions A Defimtions The followtng defimt�ons apply to regulai�ons governmg the preservauon and removal of Vees contamed m th�s chapter exclusrvely 1 Canopy rnver means the area above gound wtuch�s covered by the truuk and branches of the tree 2 Commercial forestry means the removal of ten or more trees per acre per caleodar year for sale Tree removal undertaken by means of an approved tree removal plan under Sect�on 18 790 030�s not considered commerc�al forestry under tlus defwUon 3 Hazardous Vee means a tree wluch by reason of d�sease vifestaUOn, age or other cond��on presents a known and untned�ate hazard to persons or to pub6c or pnvate property 4 Prurung means the cutting or vunmmg of a tree m a manner wlvch �s consistent with recoguzed tree ma�ntenance pracUces 5 Removal means the cuttmg or removing of 50 percent(50%)or more of a aown,trunk or root system of a tree or any act�on wtuch results�n the loss of aesthedc or physiologtcal viabilrty or causes the tree to fall or be in immediate danger of fallmg. Removal shall not mclude prumn� 6 "I'ree means a standmg woody pla►ri,or goup of such,havtng a trunk wtuch�s s�x mches or more m cal�per s�ze when measured four feet Gom ground level 7 Sensrtrve lands means those lands descnbed at Chapter 18 775 of the trtle B General rule Except where the contexl clearly mdicates otherw�se words m the presrnt tense shall mclude the future and words l m ihe smgular shall mclude the plural 18 790 030 Tree Plan Requuement A. Tree plan requved A tree plan for the plammg,removal and protection of trees prepared by a cerl�fied arbonst shall be prov�ded for any lot, parcel or combtnation of lots or parcels for wluch a developmeM applicat�on for a subdrvtsion, pari�uon, srte developmerrt rev�ew planned developmert or condihonal use�s filed Protecvon�s preferred ova removal wherever poss�ble B Plan requUements The tree plan stiall mclude the followmg 1 Ident�ficaUon ofthe locat�on,s�ze and spec�es of all exislmg trees mcludmg trees des��ated as s�gmficant by lhe crty 2 Ideottficatwn of a progam to save e�nshng trees or mrt�gate tree removal over 12 mches m cahper Mrt�gatwn must follow the replacement gmdelmes of SecLon 18 790 060D m accordance wdh the followmg standards and shall be exclusrve of trees requued by other developmem code pmvrs�ons for landscapmg streets and parkmg lots a Retent�on of less Uian 25%of ex�sUng trees over 12 mches tn cal�per requves a mrt�gat�on program m accordance w�th Secuon 18 790 060D of no net loss of trees b Retermon of from 25%to 50%of ex�sUng trees over 12 mches m cal�per requires that two-th�rds of the trees to be removed be rtut�gated m accordance wrth Section 18 790 060D c Re[eirt�on of from 50%to 75%of exishng trees over 12 mches m caLper requves that 50 percerrt of the trees to be removed be rtuugated m accordance wrih Sec[ion 18 790 060D d Retention of 75%or geater of ex�stmg trees over 12 mches m caliper requves no rruugatwn 3 Ident�ficat�on of all Vees wFuch aze proposed to be removed 4 A protection program defitung slandards and methods that will be used by the applicant to protect Vees duru�g and after constntchon C Subsequent tree removal Trees removed wrth�n the per�od of one year pnor to a developme�ri apphcaUon hsted above wdl be mverrtoned as part of the tree plan above and wdl be replaced accordmg to Sect�on 18 790 060D TH� PItOPOSED D�VELOl'MENT IS DESIGNED TO PRESERVE ALL EXISTING TREES TREES OUTSIDE THE SENSITIVE LANDS AREA AR� LOCATED TO ILL�JS'I'RATE THE VIABILITY OF MAINTAINING ALL TREES WHIY..E ALLOWING FOIt REASONABLE DEVELOPMENT VISUAL CLEARANCE 18 795.O10 Purpose A. Puroose The purpose of tlus chapter is to estabhsh standards wluch will assure proper s�ght distances at mtersectwns to reduce the hazard&om veh�culaz tummg movemerrts 18 795 020 Appllcabillty of Provisions A When provisions applv The provisions of ttus chapter shail apply to all development mcludmg the consvuct�on of new structures the remodelmg of existmg structures and to a change of use w}uch mcreases the on s�te parlang or loadmg requtremems or wtuch changes the access requuements B When srte development rev�ew is not rewved Where the prov�stons of Chapter 18 330 Srte Developmem Review do not apply the Ihrector shall approve approve wrth cond�t�ons or deny a plan submrtted under the prov�s�ons oFth�s chapter through a Type I procedure as governed by SecUon 18 390 030 usmg the standards m th�s chapter as approval cntena 18.795.1130 Visaal Clesrance Reqmrements B Obswchons proMbited A clear vis�on area shall corrtam no velucle hedge plammg, fence wall swcture or temporary or permanent obsWct�on(except for un occaswnal utdrty polc or trec) cxcccdmg ilvcc fcct m he�ght,measured from thc top of thc curb or where no curb ea�sts &om ihe street center Lne grade except that trees exceeding Uus he�gtrt may be located m tfus area,provided all b�ar�ches below eiglrt feet are removed AS II.I.USTRATED ON T�E SITE PLAN, VISUAL CLEAI2ANCE REQLTIItEMENTS ARE 1VIET WATER RESOURCES(WR)OVERLAY DISTRICT 18 797 O10 Purpose A General The WaYer Resources(WR)overlay d�stncl implements the pohcies of the T�gard Comprehens�ve Plan and is mtended to resolve conflicts between development and conservat�on of sigruficart wetlands streams and npazian comdors�decR�fied in the City of T�gard Local WeUands Invetrtory Specifically Uus chapter allows reasonable economic use of properly whde estabLslung clear and ob�ectrve slandards to protect s�guficant wetlands and streams hm�t developmeN m des�gnated npanan comdors mamtam and enhance water qualrty maanm�ze flood storage capaaty preserve nat�ve plam cover mmvn�ze streambank eros�on maurtam and enhance fish and wddlife habrtats and conserve scemc ret.reat�onal and educat�onal values of water resource areas B Safe harbor The WR overlay distr�ct also meets the requvemems of Statewide Planrung Goal 5(Natural Resources)and the safe harbor prov�s�ons of the Goal 5 adm�nistraLve rule(OAR 660 Ihvision 23) These prov�s�ons requve that s�gruficant wetlands and r�panan comdors be mapped and protected 18.797 020 De6nidoos A Defimt�ons The defimt�ons of OAR 660 23-090(1)aze mcorpordted herem by reference 2 The npanan setback area is measured honzontally&om and parallel to ma�or slream or Tualahn Rrver top of banks or the edge of an associated wetland(see defuuLon under K 2) wtuchever�s Beater The npanan setback�s the same as the npanan comdor boundary m OAR 660 23-090(l�d) c Isolated wetlands and rrunor streams (mcludmg adjacent wetlands) have no npanan setback however a 25 foot `water qual�ty buffer �s requ�red under Urufied Sewerage Agency(USA)standards adopted and adnurustered by the Crty of T�gard 7 Mmor streams are not `6sh beanng streams accordmg to Oregon Department of Forestry maps Mmor streams m T�gard include Summer Creek,Derty Dell Creek,Red Rock Creek,North Fork of Ash Creek and certain short tnbutanes ofthe Tualatu�ILver 8 `Natrve plant species are those l�sted on the Portland Plartt L�st wluch is inwrporated by reference irto this chapter 9 Top-of bank usually means a clearly recognizable sharp break�n the stream bank. It has the same meanmg as bankfull stage as defined m OAR 141 85-010(2) It is the stage or elevation at wtuch water overflows the natural banks of streams and begms to mundate the upland In the absence of phys�cal evidence the two yeaz recu�rence icRerval flood elevaUon may be used to approwmate the bankfull stage 10 The T�gard Wetlands and Ripanan Comdors Map �dent►fies all s�gmficant water resources wrth►n the T�gard Plarwng Area, mcludmg the Tualatu� Rrver comdor all ma�or stream comdors, mmor streams and �solated wetlands Th�s general�zed, composite map �s based on the C�ty of Tigard Local Wellands Inve�ory (LWn prepared by F�shman EnwonmerRal Sernces 1994 hereby adopted by reference All water resources�denufied as s�guficarrt on the Tigard Wetlands and Ripanan Comdors Map meet the Drvis�on of State Lands (DSL) defirut�on of a Locally S�guficant Wetland, 11 A WeUand is an area that is inundaled or saturaied by surface water or ground water at a frequency and durauon sufficient to suppmt,and that under nrnmal cvcumstances does suppory a prevalence of vegetation typ�cally adapted for hfc�n saturated sod conddwns c M Isolated WeUand ►s a s�gn►ficant wetland,all of wFuch�s lacated outs�de ofthe npanan setback, d A Non S�gruficarrt Wetland"�s a wedand that does not meet the Ihv�swn of State Iands deFinfion of a Locally Siguficarrt WeUand and wtuch,therefore does not appear on the Crty of T�gard Wetlands and R�panan Comdors Map Non s�gn�ficant wetlands are not regulated by tlus chapter but do requve DSL not�ficat�on under ORS 227 350 1&797 030 Applicability and Generehzed Mapping B The T��ard wetlands and stream comdors map The Tigard weUands and slream comdors map�decR�fies generally the tops of bank,wetland edges,npanan setbacks and water qual�ty buffers for lhe followmg sigmficant water resources 1 The Tualatm Rrver npanan comdor 2 Ma�or stream npanan comdors 3 M�nor streams and 4 Isolated wetlands C Standard npanan setbacks and USA water qual�tv buli'ers The appl�cant shall be responsible for surveymg and mappmg the precise location of the top of bank, wetland edge npanan setback and/or USA water qualrty buffer at the time of appl�cat�on submitlal 1 The requved water qual�ty buffer and npanan setback area shall be retamed m one or more parcels that�s separdte from abutting buildable lots 2 Table 18 797 1 summanes sfandard npanan setbacks and water qualrty buffers that apply to s�gn�ficant water resources withm the W R overlay zone TABLE 18.797 1 RIPARIAN SETBACKS AND WATER QUALITY BUFFERS SICNIFICANT WATER WR STANDARD RIPARIAN USA STANDARD WATER RESOURCE TYPE SETBACK' QUALTfY BUFFER2 Mmor streams&ad�acent/�solated wetlands Not appl�cable 25 feet `Measured m feet&om the top-of bank or the assoaated wetland edge wh�chever�s greater 2 Measwed m feet&om the stream top of bank or the wetland edge wlvchever is geater 3 Ad�ustments to these boundanes may be approved pursuant to Sec4ions 18 797 140 18 797 100 18 797 130 and/or 18 797 140 D Drv�s�on of State Lands notificaLon requved. In addiUon to lhe restnct�ons and requvemerts of tivs Secl�oq all proposed development acttv�ttes wAhm any wetland are also sub�ect to Oregon D�v�sion of State Lands(DSL)standards and approval Where there is a d�fference the more restnctrve regulaUon shall apply The appl�cant shall be respons�ble for notifymg DSL whenever any port�on of any wetland �s proposed for development m accordanc.e w�th ORS 227 350 No apphc.aUon ft�r development wdl be accepted as complete untd documentation of such nouficaUOn is prov�ded E Umfied Seweraee Aeencv standards apphcable All developmem actrnUes proposed witlun 25 feet of any wetland or stream are sub�ect to USA standards and approval 18 797 O50 Permltted Condltional end Proh�brted Uses A. DSL approval requ�red DevelopmenR proposed wrtlun any wetland or streano, m addrt�on to meet�ng the standards of tFus chapter shall also be approved by DSL B USA buffer standards aval�cable Development proposed wrtlun 25 feet of any wetland or stream shall also be approved by the ti City wh�ch admicusters USA standards Compl�ance w�th USA/City standazds is necessary but not suffic�ent for compl�ance with ttus chapter C Citv of T��ard exemphon When performed under the d�recUOn of the Crty and m compLance w�th the provis�ons of the C�ty of T�gard Standards and Spec�ficat�ons for Ripanan Area Managemer�t on file m the Engtneenng D�v�s�on,the followmg shall be exempt from the provis�ons of ttus chapter 1 Public emergenc�es,�ncluding emergency repaus to pubhc fac�Wes 2 SVeam and wetlands restoraLon and enhancemerrt programs 3 Non naUve vegetat�on removal 4 Plantmg of native plant species and 5 Routme mamtenance or replacement of existmg publ�c facilfies pro�ects D Permitted and condR�onal uses Table 18 797 2 below summanzes pernutted,condit�onal and protubRed uses wittun the WR d�str�ct A"Yes"�ndicates that the use�s pernutted m the case of Type I uses �s allowed under prescnbed conditions m the case of Type II uses or may be approved sub�ect to discreLonary cntena under Type III standards(for descnpt�ons of Type I,II and III see 18 797 060 A"No"md�cates that the use�s not permitted A use that is not permiried may not be approved tivough the vanance prov�sions of th�s chapter TABLE 18 797 2 WATER RESOURCES OVERLAY DISTRICI'USE LIST REGULATED ACTIVITY&PROCEDURE TYPE ] Type I—Pern�itted Uses with MiHgation R�panan Setback Minor Streams Isolated NLt�gadon Plsn Area Wetlands Reqmred� a) DetertrunaUon of Water Resource and Ripanan Selback Yes Yes No boundanes e) Removal of non naUve vegetahon and replacemerrt wtlh naUve Yes Yes Yes plant spec�es no closer than 10 Gom the top-0f bank or edge of wetland � Removal of vegelat�on necessary for hazard prevec�t�on Yes Yes No (dangerous trees) 2 Type II Permrtted Uses with Mitlgatfon where no reasonable ILparian Setback Mlnor Streams Isolated NLtigation Plan akernatrve ea�sts Area Wetlends Reqmred� e) Under�ound pubh�drainage facd�Ues Yes Yes Yes h) In stream and sVeambank enhancement mcludmg vegetat�on Yes Yes Yes removal and replacemectt wiihm 10 feet of the top of bank or edge of wetland 3 Type III—Condit�onsl Usea ILparian Setback Mlnor Streams Isolated Mrogatton Plan Area Wetlands Reqmred'► a) Hardship Vanances,sub�ed to vanance prov�sions of Chapter Yes Yes Yes 18 370 b) Water related and water-dependeut uses not I�sted above sub�ed Yes No Yes to conditwnal use provis�ons of Chapter 18 330 , � Creation of a parcel that would be wholly wittun the WR disfnct No No Not appl�cable or resultmg�n an unbwldable parcel as determmed by the Dtrector 18 797 060 Applicatlon Requirements All development applicat�ons on lots wRhm, or parhally witlun,the WR overlay d�stnct shall submd the followmg mformat�on m addit�on to other mformat�on requ�red by this code A Twe I uses The applicant shall prepare a plan that demonstrates that the use w�ll be constructed and located so as to mi►u�ruze gading,natrve vegetaiion removal and the area necessary for the use The Dvec[or may requue addmonal�nformat�on where necessary to determme WR d�stnct boundanes or to miLgate identified►mpacts Gom a proposed developme� mclud�ng but not lunded to 1 Srte survey as prescnbed m Sed�on 18 797 060B 2 One or more of the reports descnbed m Sect�on 18 797 060D B Tvpe II and III uses s�te soeafic survev required if any Type II or III use or activ�ty�s proposed w�t}un a water resource npanan setback or water quality buffer area,the apphcant shall be responsible for prepanng a survey of the entve srte that prec�sely maps and delmeates the followmg 1 The name locat�on and dimens�ons of s���l'icant rtunor streams(mclud�ng ad�aceat wetlands) ma�or streams or mers (mcludmg assoaated wetlands) and the tops of thev respedrve streambanks or wetland edges 2 Isolated wetlands 3 The area enclosed by the npanan setback 4 The azea enclosed by the USA water qualrty buffer 5 Steeply sloped azeas where the slope of the land is 20%or�eater 6 Ewstmg public nghts of way structures roads and ut�lrt�es 7 Vegelat�on uicludmg trees or tree clusters and understory� 8 EausUng and proposed contours at 2 foot urtervals D Tvpe II and QI uses rewved stud�es and mrt��eat�on repor[s Each oftt�e followmg studies shall be requued whenever any Type II or Ifl use is proposed wdhm the WR overlay d�stnct Each requved repoR musl cons�der the C�ty of Tigard Local Wetlands Invetrtory(F�shman Enworunerrtal Sernces 1994) shall be�n addA�on to ihe submisswn of uiformation requved for spec�fic types of development, and shall be prepazed by profess�onals m thev respechve fields The Plarwng Dvector may exempt permrt apphcat�ons firom one or more of these stud�es based on speafic findmgs as to why the study is unnecessary to determme compl�ance wrth tlus chapter TFus determmation must be made m wntmg, at or�mmed�ately followmg the requved pre application conference and pnor to appl�caUon subm�ttal 1 Hydrology and sods report. Th�s report shalt mclude mfrna�at�on on the hydrolog�cal actrvRies of the sde the effed of hydrolog�c condrt�ons on the proposed development, and any hydrological ar erosion hazards Ttus report shall also mclude soils charactensucs of ihe sue the�r surtabil�ty for develapmeni,and eros�on or slumpmg charac,tensucs that rmgM preserrt a hazard to life and property or adversely affect the use or stabilrty of a pubhc fac�hty or util�ty Finally this report shall mclude mformat�on on the nature d�slnbution and strength of exisimg soils the adequacy of the s�te for development putposes and an assessmert of gradmg procedures requved to impose ihe rtunimum disturbance to the natural state The repori shall include recommendalions to assure compliance w�th each appl�cable prov�sion of tivs code as well as all app6cable provis�ons of C�ty bwldu�g ordmances,and shall be prepared by a professional engweer registered m Oregon 2 Grading plan. The gradmg plan shall be speaSc to a proposed phys�cal structure or use and shall mclude mformat�on on terram(two foot mtervals of property) dramage dvecGon of drunage flow locat�on of proposed shuctures and existmg structures wh�ch may be affeded by the proposed gradmg operat�ons, water qualrty faciln�es finished cortours or elevations mcludmg all cut and fill slopes and proposed dramage channels Pro�ed des�gns mcludmg but not I�m�ted to locat�ons of surface and cubsurface devices walls dams sediment basms storage recervovs and other protec[rve devices shall form part of the subm�ssion The grading plan shall also mclude a construchon phased erosion conVol plan cons�slent with the prov�s�ons of th�s code and a schedule of operat�ons and shalJ be prepared by a professional engmeer registered m Oregon 3 VegetaUOn repoR. Th�s report shall cons�st of a survey of ews4ng vegetatrve cover whether R is naUve or mtroduced,and how rt wdl be altered by the proposed development 'Che report shall spec�fically idenhfy disdubed areas(i e areas devoid of vegetat�on or azeas that are donunated by non nat�ve or mvas�ve spec�es)and the percentage of crown cover Where a reduct�on m the r�panan setback�s pmposed,measures for re vegetat�on and enhancemerrt wrth nat�ve plam species wtll be clearly stated The vegetat�on report shall mclude recommendations to assure compliance wrth each applicable prows�on of thts code and shall be prepared by a landscape arclvtect landscape designer botarust arbonst or other quahfied mdrv�dual with speciPic knowledge of natrve plairi speaes planung and ma�menance methods survival rates and theu abdrty to enhance fish and wtldhfe habitat and to comrol erosion and sed�mertaUon 4 Streambank cond�t�ons report 17us report�s only necessary�f a reduction m the npanan setback area�s proposed The streambank condmons report shall consist of a survey of eavshng sireambank condrt�oas,mcludmg types of vegetative cover the extert to wtuch the streambank has been eroded, and the extent to wluch m�t�gat�on measures woutd be successful m maxirtuzmg fish and wddl�fe habrtat values wh�le serv�og the stream s wban hydrological function Measures for improvmg fish and w�ldlife hab�tat and�mprovmg water qualrty will be dearly stated,as well as methods for unmedtate and long term streambank stab�lizatwn The streambank conditions report shall mclude recommendat�ons to assure compliance with each applicable provis�on of th�s code and shall be prepared by a b�ologist or other qual�fied md�v�dual m concert with an eng►neer registered m Oregon, both of whom must have expenence m stream bank restoration The report shall spec�fy loo�term ma��enence measures necessary to cazry out the proposed mA�gaUon plan. 18 797 070 Decislon Optlons and Conditioos A Deasion oatwns The Approval Authonty may approve approve w�th co�mons,or deny an apphcaLon based on the prov�s�ons of tlus chapter The Approval Authorrty may requue condrt�ons necessary to comply wRh the mterrt and prov�sions of ttus chapter B Cond�UOns The requved reports shall�nclude design slandards and recommendat�ons necessary for the engineer and biologist or other qualified mdrv�dual to prov�de reasonable assurance that the standards of th�s sect�on can be met wRh appropnate mrt�gatwn measures These measures along wrth staff rewmmendatwns shall be mcorporated as condrtians urto the final dec�s�on approv�ng the proposed developmenl C Assurances and penalties Asswances and penalUes for fa�lure to comply w�th c►ut�gatwn,engmeenng,eroswn and water qualRy plans requued under tFus section shall be as stated m Chapter 18 230 18.797�0 Development Stenderds The followmg shall apply to all development,mcludmg native vegetat�on removal and excavat�on,withm the WR overlay d�stnct No appl�cation for a use �dent�fied m Section 18 797 O50 shall be deemed complete until the applwant has addressed each of these standards�n wnttng A Alternatives cons�dered Except for stream comdor enhancemert,most Type tI and III uses are expecied to develop outs�de of water resource and npanan setback areas Therefore Type II and III developmerrt apphcat�ons musl carefully exarmne upland alternatrves for the proposed use and explam the reasons why the proposed developmerrt cannot reasonably oavr outside of the water resource or npanan setback area B Mwrruze srtm��mpacts The proposed use shall be des�gned, located and constructed to rturuwze excavauon loss of naUVe vegetat�on,erosion,and adverse hydrological impacts on water resources 1 For Type II and IR uses the crvd en�neer wRh experience m water quahty must certify that any adverse water qual�ty unpacts ofthe developmem proposal w�ll be irurunuzed consistent wdh best management pracuces 2 For all uses,ihe development shall be located as far&om the waier resource and use as Irtlle of the water resource or npanan sctback arca,as poss�ble recoguzmg the operationa)needs of the proposed developmeN. C Construchon matenals and methods Where development wrttun►he npanan area �s unavo�dable coostrucUon matenals or melhods used w�ttun the npanan setback area shall m�mm,�e damage to water qualRy and natrve vegetat�oa F Mmtm�ze�mvacts on ex�stmQ ve¢etation The followmg standards shall apply when construction ad�vRy�s proposed in areas where vegetation�s to be preserved 1 Temporary measures used for m�t�al eros�on control shall not be lefl m place perntanently 2 Work areas on the immediate sRe shall be carefully �dentified and marked to reduce potent�al damage to trees and vegetation 3 Trees shall nat be used as anchors for stabdizmg working equtpment Dunng cleanng operat�ons trees and vegelation shall not be permmed to fall or be placed outside the work area 4 In areas designated for seledrve cutGng or cleanng care m falhng and removmg trees and brush shall be laken to avoid m�unng Vees and shtubs to be left m place 5 Stockp�ling of soil or soil m�xed w�th vegetahon,shall not be pemutted on a permanent bas�s G VeQetat�on mitiQation plan If a Type II or fIi use�s proposed wRtun a water resource site or npanan setback area,or m�tigaUon �s proposed as a method to reduce ihe npanan setback m accordance wiih Sect�on 18 797 100 a mrtigation plan shall be prepared and�mpleme�rted 1 The applicam shall be respons�ble for re vegetatmg areas temporanly disturbed by excavaLon on a 1 1 bas�s 2 Where approval �s grarted to reduce the npanan setback area,the appl�cam shall be responsible for mrtigatmg for the reduced setback by replac�ng non na�ve vegetalwn w�thm the remauung protecled npanan setback area on a 1 5 1 bas�s That�s,for each 100 square feet of npanan setback ihat�s lost to developme�rt,at least 150 square feet of ex�stmg d�sturbed azea wrtlun the npazian setback or weUand shall be re plazrted with nairve plant spec�es 3 The re vegetahon plan shall prov�de for the replartmg and mamtenance of natrve plant spec�es designed to acFueve pre disturbance conditions The appl�cant shall be respons�ble for replaang any naUve plant species that do not survive the fust two years after plazrtmg,and for ensunng the survrval of any replacement plants for an addit�onal two years after ihe�r replacemert. J Eroswn corrtrol olan If a Type II or III use �s proposed wrtlun a water resource sde or npanan setback area,the followmg eroswn corttrol standards shall apply w�th�n the WR overlay distnct 1 Specific methods of soil eros�on and sedimerrt cotrtrol shall be used durmg construd�on to rrumrruze visible and measurable eros�on 2 The land area to be grubbed str�pped,used for temporary placement of so�l or to otherw�se expose soil shall be confined to the�mmed�ate construction srte only 3 Construcl�on aclrvRy w�ll take place dunng the dry ceason(June October) whenever feas�ble and the duration of exposure of so�ls shall be kept to a rtununum dunng constru�on, 4 Exposed soils shall be covered by mulch, sheehng temporary seedmg or other swtable matenal follow►ng gradmg or construchon,urAd sods are stab�lized Durwg the ramy season(November through May) soils shall not be exposed for more than 7 calendar days All d�sturbed land areas wluch wdl remau�unworked for 21 days or more dunng construction shall be mulched and seeded 5 Dunng consUuct�on, runof�'from the s�te shall be controlled, and mcreased runoff and sed�ment resultu�g from sod d�sturbance shall be retau�ed on s�te Temporary drvers�ons sed�ment basms bamers check dams or other methods shall be provided as necessary to hold sed�ment and runofF 6 A stab�hzed pad of gravel shall be cons1ructed at all entrances and ewsLs to ihe construction srte The stabil�zed gravel pad shall be the only allowable entrance or ex�t to the sAe 7 Topsoil removal for development shall be stockpded and reused on site to the degree necessary to restore disturbed areas to theu ong�nal or enhanced condrt�on, or to assure suffic�ent stable topsoil for re vegetaUon AddAaonal sod shall be provided�f necessary to suppori re vegetat�on 8 The removal of all sediments wh�ch are camed mto the streets water resources or on to ad�acent propeRy are the responsibility ofthe apphcant The apphcant shall be responsible for cleamng up and repa�nng streets catch basms water resource areas and ad�ace�rt properties,where such propert�es are affected by sed�mems or mud In no case shall sedimeirts be washed uAo storm drams dRches or drunageways 9 Any other relevant provis�ons of the Erosion Prevenhon and Sed�ment Control Plans Techmcal Gu�dance Hand600k(Crty of Portland Bureau of Envaonmental Sernces and Urufied Sewerage Agency of Wastungton County Revised February 1994) requued by lhe Plannmg Dvector K Plan implementaUon A schedule of planned erosion conVol and re vegetat�on measures shall be provided wh�ch sets forth the progress of con.strucUOn activit�es and rrut�gatmg eros�on corrtrol measwes An approved Eros�on Cornrol of Re vegetahon Plan shall be implemeoted and mamtau�ed as foilows 1 Eros�on corrtrol measures shall be installed pnor to any stnppmg or excavaUon work. 2 The appl�cant shall�mplement the measures and construct faalrties contamed m the approved Erosioo ConVol Plao m a tunely manner Dunng act�ve consWction,the apphcazrt shall u�spect eros�on cotrtrol measures daily and mauRam,ad�ust, repair or replace erosion control measures to ensure that they aze funcliorung properly 3 Eroded sediment shall be removed �mmed�ately from pavement surfaces off s�te areas and Gom the surface water management system �ncludmg storm draznage mlets drtches and culveAs 4 Water contavung sedimerrt shall not be flushed ttrto lhe surface waler management system,wetlands or streams wrthout £vst passmg through an approved sed�ment Skenng fac�hty or dev�ce 5 In addrtwn,the apphcant shall call for CRy u�spedwn,pnor to the foundaUon mspecGon for any budd�ng to certify thal eros�on cortrol measures are mstalled m accordance wrth the eroswn control plan THE PROPOSED MINOR LAND PARTITION COMPLIES WTTH THIS SECTION THE ADJACENT STREAM IS DESIGNATED AS A TRIBUTARY TO A MINOR STREAM " SUMMER CREEK"(SEE 1&797 020 7)THE SETBACK REQUIRED BY THIS SECI'ION (SEE TABLE 187971) IS LESS RESTRICTIVE THAN REQUIRED UNDER THE SENSITIVE LANDS REVIEW, THEREFORE COMPLIANCE WITH THE SENSITIVE LANDS REQUIREMENTS AS OUTLINED IN 1&775 WILL ALSO SATISFY THIS SECI'ION STREET AND UTILITY IMPROVEMENT STANDARDS 1&810010 Purpose A Pu ose The purpose of t}us chapter�s to prov�de construct�on standards for the�mplementat�on of publ�c and pnvate facilR�es and util�t�es such as streets sewers and dramage 18 810 020 General Prov�sions A. When standards avolv Unless otherwise prov�ded,consiruction reconstrucuon or repav of streets,s�dewalks,curbs and other publ�c tmprovements shall occur m accordance w�th the standazds of tivs t�tle No development may occur and no land use applicauon may be approved unless the public facilfies related to developme�R comply wrth the pub6c facdRy requvemecrts estabLshed m ttus sechon and adequate public fanliLes are available Apphcants may be requved to dedicate land and build requved public vnprovemerts only when the requued exaction is dvectly related to and roughly proport�onal to the�mpact of the developmert B Standard spec�ficaUons The Crty Engmeer shall establ�sh standard speafications cons�steM wdh the appl�caUon of en�neenng pnnciples C Sect�on 7 40 applies The provis�on of SecGon 7 40 of the T�gard M�uuapal Code shall apply to tfus chapter D Adiustments Ad�ustments to the prov�s�ons m th�s chapter related to street�mprovements may be gtaMed by means of a Type II procedure as governed by Sectwn 18 390 040 usmg approval crRena m Sect�on 18 370 030 C9 (Ord 99 22) E Except as provided m Sect�on 18 810 0305 as used m tlus chapter the term streets shall mean pubhc streets unless an ad�ustmem under Section 18 810 020 D�s allowed (Ord 99 22) 18.810 050 Easements A Easements Easements for sewers, dramage water mams electnc Imes or other publ�c uUlrties shall be edher ded�cated or provided for m the deed restncUons and where a development traversed by a waiercourse or dramageway there shall be prov�ded a strnm water easement or dramage nght-oF way confornung subslant�ally wrth the Imes of the watercourse B Utddv easements A properly owner proposmg a developmecrt sfiall make arrangements wrth the Cdy the appLcable d�stnct and cach utddy franchisc for thc prov�s�on and dedicat�on of util�ty easements necessary to provide full services to the development. The Crty s standard w�dth for pubhc mam lme utilrty easemerts shall be 15 feet unless otherw�se speafied by the utdRy company applicable d�sinct,or Crty En�neer 18 810 060 Lots A S�ze and shape Lot size width shape and onenta4on shall be appropr�ate for the locaUon of the developmem and for ihe type ofuse corrtemplated and 1 No lot shall conta►n part of an existmg or proposed pubhc ngM of way wdhm�ts d�menswns 2 The depth of all lots shall not exceed 2 l/2 tunes the average w�dth,unless the parcel�s less than 1 1/2 t�mes the mmimum lot sux of the app6cable zomng distriict 3 Deplh and width of propert�es zoned for commeraal and mdustnal purposes shall be adequate to prov�de for the off street parkmg and servwe faaliLes requued by the type of use proposed B Lot&ontaee Each lot shall abut upon a publ�c or pnvate street other than an alley for a w�dth of at least 25 feet unless the lot is created through a mmor land part�Uon m wluch case Subsect�on 18 162 O50(C)appLes or unless the lot �s for an aitached single farruly dwellmg umt,m wluch case the lot frontage shall be at least 15 feet C Tlvoueh lots Through lots shall be avo�ded except where they are esserrt�al to prov�de separaUon of res�dert�al development from ma�a traffic artenals or to overcome specific disadvamages oftopography and onentation,and 1 A platrtmg buffer at least ten feet wide�s requ�red abuttmg the artenal nglrts of way and 2 All through lots shall prov�de the requued front yazd setback on each street D Lot side Imes The side lmes of lots as faz as practicable shall be at nght angles to the street upon w}uch the lots front E Larae lots In drnduig tracts mto large lots or parcels wtuch at some future tune are I�lcely to be redrv�ded,the Comm�ssion may requve that the lots be of such s¢e and shape and be so div�ded mto bu�ldmg sites and contam such srte restrict�ons as�+nll prov�de for the extenswn and opewng of streets at urtervals wh�ch wdl permri a subsequem drv�swn of any Vact�rto lots or parcels of smaller size The land div�s�on shall be demed�f the proposed large developmerrt lot does not prov�de for the future d�vision of the lots and future exlension of public facdities 18.810 090 Satutaty Sewers A Sewers requved Sarutary sewers shall be mstalled to serve each new development and to connect developmeMs to exishng mams m accordance w�th the provisions set forth m Des�gn and Construchon Standards for Sanrtary and Surface Water Management(as adopted by the Umfied Sewerage Agency m 1996 and includmg any future revis�ons or amendments)and the adopted polic�es of the comprehensrve plan B Sewer plan approval The C�ty Engmeer shall approve all samtary sewer plans and proposed systems pnor to �ssuance of development perm�ts mvolvmg sewer serv�ce C Over s�zma Proposed sewer systems shall mclude cons�deraUon of addfional development witlun the area as pro�ected by the Comprehensrve Plan D Pertnds demed Development pernvts may be restncted by the Commission or Hearmgs Officer where a defic�ency ewsts m the ex�st�ng sewer system or portion thereof w6�ch cannot be rect�fied wdhm the development acid wh�ch�f not red�fied w�ll resuh in a tiveat to public heahh or safety surcharg�ng of existmg mams,or violaUons of state or federal standards pertauung to operaUon of the sewage treatmertt system 18 810100 Storm Drau�sge A General prov�s�ons The Dvector and Crty Engineer shall�ssue a development pertnrt only where adequate provisions for stonn water and flood water runoff have been made and 1 Thc storm watcr drau�age system shall be separate and mdcpcndcnt of any sarutary sewcrage system, 2 Where poss�ble uJets shall be prov�ded so surface water�s not camed across any tnlersed�on or allowed to flood any street and 3 Surface water dramage pattems shall be shown on every developmeM proposal plan. B Easements Where a developmerri�s traversed by a watercourse dra�nageway channel or stream,there shall be prov�ded a storm water eacement or dramage n�t-of way conformmg substantially w�th the lmes of cueh watercourse and cuch further width as will be adequate for conveyance and mamtenance C Accommodation of upstream dramaQe A culvert or other dramage fac�Lry shall be large enough to accommodate potemial runoff from rts ertve upstream dramage area,whether�ns�de or outs�de the development,and 1 The CAy En�neer shall approve the necessazy s�ze of the facihty based on lhe prov�s�ons of Des�gn and Construchon Standards for Sarutary and Surface Water Maoagement(as adopted by the UmSed Sewerage Agency m 1996 and mcludmg any future rev�s�ons or amendments) D Effect on downstream drau�a�e Where rt �s arrt�c�pated by ihe Cdy Engmeer that the add�Lonal runoff result�ng from the development will overload an existing dramage facilRy the Dvector and Engmeer shall w�thhold approval of the development um�l prov�s�ons have been made for�mproveme�rt of the potential condit�on or until provis�ons have been made for storage of add�t�onal runoff caused by the development m accordance�nth the Design and Const�vction Standards for Sarutary and Surface Water Management(as adopted by the Umfied Sewerage Agency m 1996 and mcludmg any future reviswns or amendme�rts) 18.810120 Utllltles A Underp_round ut�hties All uttlrty lmes mcluding, but not hmRed to lhose requ�red for eleclnc commumcation, hghLng and cable telev�sion serv�ces and related facil�Ues shall be placed undergound,except for surface mounted Vansformers surface mouc[ted connechon boxes and meter cab�nets wtuch may be placed above ground,temporary util�ty serv�ce facdrties dunng construct�on,lvgh capaaty electr�c Lnes operatmg at 50 000 volts or above and 1 The developer shall make all necessary arrangements with the sernng utilRy to provide the underground serv�ces 2 The City reserves the nght to approve location of all surface mounted facdd�es 3 All underground uulrt�es mcluding sanrtary sewers and storm drams mstalled m streets by the developer shall be conslructed pnor to the surfac�ng ofthe streets and 4 Stubs for service connect�ons shall be long enough to avo�d d�stur��ng the street improvements when sernce connechons are made B Informahon on developmerrt plans The appLcaN for a development shall show on the developmetrt plan or m the explanatory uiformat�on easements for all underground ut�Lty facdRies and 1 Plans showmg the locauon of all underground faal�Ues as descnbed herem shall be subrturied to the C�ty Engineer for review and approval and 2 Care shall be taken m all cases to ensure thai above ground equipmerrt does not obstruct v�s�on clearance areas for vetucular hatTc C Except�on to under proundms requ�rement 1 The developer shall pay a fee�n l�eu of under groundmg costs when the development�s proposed to take place on a street where existmg ut�lrt�es wtuch are not underground wdl serve the development and the approval authonty determmes that the cost and techtucal d�fficulty of under groundmg the ut�ldies outwe�ghs the benefit of undergoundmg m con�unc[�on wdh the development The determination shall be an a case by case bas�s The most common but not the only such srtuatwn �s a shorl GorAage development for wluch undergroundmg would result ut the placemeM of add�t�onal poles rather than the removal of above ground ut�lfies facilmes 2 An apphcant for a development wtuch�s served by uUlrt�es wh�ch are not underground and wlvch are located across a public nght-of way from the applicant s property shall pay the fee m lieu of undergroundtog 3 PropeR�es w�ttun the CBD zonmg distr�d shall be exempt fmm the requvemerts for undergoundmg of utihty hnes and from the fee m lieu of undergroundmg 4 The except�ons m Subsect�ons 1 tivough 3 of tlus sectwn shall apply only to ewslmg utrldy lmes All new uulRy Imes shall be placed underground D Fee�n I�eu of undereroundin� 1 The C�ty Engineer shall esfablish utdrty serv�ce areas m ihe Crty All developmerrt w}uch occurs wrtlun a ut�lrty servwe area shall pay a fee�n 6eu oFundergoundmg for uhlrties►fthe development dces not prov�de underground ut�hties,unless exempted by th�s code 2 The C�ty Engmeer shall establish the fee by util�ty serv�ce azea w}vch shall be determmed based upon the eshmated cost to undergound ut�l�t�es wrthm each service area The total est�mated cost for undergroundmg m a sernce azea shall be allocated on a frorrt foot bas�s to each party wiihm the sernce azea The fee due from any developer shall be calculated based on a front foot basis 3 A developer shall recerve a credrt agaznst the fee for costs mcurred�n the undergroundmg of ews[u►g overhead utild�es The Crty Engweer shall determme the amou�R of the aedR,after review of cost►nformat�on subm�tted by the apphcant w�th the request for credrt 4 1'he funds collected m each sernce azea shall be used for undergoundmg utilAies witlun the Crty at lazge "Che Cdy Eng�neer shall prepare and mamtain a list of proposed undergroundmg pro�ects wtuch may be funded w�th the fees collected by the Crty The hst shall mdicate the estunated t�mmg and cost of each pro�ec4. The list shall be submRted to the C�ty Council for thev review and approval annually 18 810130 Cash or Bond Req�dred A. Guarantee All�mprovements mstalled by the developer shall be guaranteed as to worlcmansFvp and matenal for a penod of one year followmg acceptance by the C�ty Counc�l B Cash deposrt or bond Such guarantee shall be secured by cash depos�t or bond m the amourrt of the value of the improvemerits as set by the Crty En�neer C Comphance requiremerrts The cash or bond shall comply wrth the terms and condriions of Sect�on 18 430 090 18 810140 Monuments A Replacemerrt requved Any monumerRs that are disturbed before all improvemems are completed by the subdiv�der shall be replaced pnor to final ucceptnnce of ihe►mprovements 18 810150 Installatlon Prerequisite A Approval requved No public improvements mcludmg samtary sewers stmm sewers,streets sidewalks curbs,I�ght►ng or other requvemetrts shall be underlaken except after ihe plans have been approved by the Crty permrt fee paid,and pemvt�ssued B Permrt fee The pernut fee�s requ�red to defray the cost and expenses mcurred by the City for construct�on and other sernces m connection wdh the improvement The perm�t fee shall be set by Council resolut�on 18 S10 160 Instelletlon Conformation A Conformance reauved In addRion to other requvemerrts �mprovemerris mstalled by the developer eRher as a requvemerrt of these regulatrons or at Fus own opiwn, shall conform to the requuements of tlus chapter and to�mprovement standards and specificat�ons followed by the C�ty B Adonted mstallatron standards The Standard Spec�ficaUons for Pubhc Works Constructioq Oregon Chapter AP W A and Des�g�and ConsUuchon Standards for Samtary and Surface Water Management(as adopted by the Utufied Sewerage Agency m 1996 and mcl�dmg any future reviswns or amendments) shall be a part of the C�ty s adopted tnstallat�on standard(s) other standards may also be required upon recommendat�on of the Gty Eng►neer 18 810170 Plan Check A. Subm�ttal reqmrements Work shall not begm unt�l construct�on plans and construc[ion est�mates have been subm�tted and checked for adequacy and approved by the City Engmeer m wntmg The developer can obtam detaded mtormaLon about subrruttal requvemerts from the City Engmeer B Comphance All such plans shall be prepazed�n accordance wrth requu�emeuls of the CRy 18 8]O 180 NoHce to Clty A Commencement Work shall not begm unt�l the C�ty has been noUfied m advance B Resumptwn If work�s d�scontmued for any reason d shall not be resumed unul the C�ty is noufied 18.810190 Ctity Inspecdon A Insaect�on of�mprovemenLS Improvements shall be conswcted under the mspection and to the sat�sfact�on of the Crty The City may requve changes m typ�cal sectwns and details�f unusual condrt�ons ansmg dunng construcLOn wazrant such changes m ihe pubhc iMerest 18.810 200 Engineer's CertlScatlon A. Wntten cert�fication requ�red The developer s engmeer shall prov�de wntten certificat�on of a frnm provided by ihe City that all improvements workmansFup and matenals are m accord with current and standard engmeenng and constructwn practices and are of tugh gade pnor to C�ty acceptance of the subdivision s improvemerts or any portion thereof for operat�on and ma�trtenance NO STREET OR UTILITY IMPROVEMENTS ARE PROPOSED AS PART OF THIS APPLICATION A UTILITY AND ACCESS EASEMENT IS PROPOSED AND SHOWN ON THE SITE PLAN IT IS PROPOSED THAT A FEE IN LIEU OF INSTALLATION OF UNDERGROUND ELECI'RIC POWER SER�'ICE WILL BE PAYED A THE TIME OF CONSTRUCTION OF IMPROVEMENTS FOR ETTHER OR BOTH PROPOSED PARCELS . . 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N 00'S5'0 7" E — N 0 3 ' .T .�—� 203.29 B�SIS OF BEARING PRELIMINARY EROSION CONTROL AND GRADING PLAN March Sth, 2002 TREE TABLE TREE# DIAMETER SPECIES LOCATION INCHES PT#1 PT#2 1 22 Cedar 58 67' 40 17' 2 30 Cedar 69 17' 48 33' 3 18 Cedar 80 25' 22 42' 4 13 Oak 82 67' 16 08' 5 18 Oak 87 25' 25 50' 6 16 Oak 117 58' 25 17' 7 16 Oak 119 d2' 24 92' 8 18 Cedar 78 75' 67 08' 9 16 Cedar 82 92' 69 83' 10 12 Alder 92 33' 82 17' 11 20 Cedar 93 25' 92 33' 12 17 Alder 97 00' 96 00' 13 7 Cedar 108 75' 111 00' 14 9 Cedar 107 17' 96 92' 15 20 Oak 101 83' 79 00' 16 14 Cedar 119 58' 84 08' 17 18 Cedar 127 58' 103 00' 18 16 Alder 130 92' 90 33' 19 14 Cedar 135 00' 89 50' 20 8 Cedar 139 50' 100 25' 21 12 Oak 151 08' 103 92' 22 18 Cedar 159 42' 101 75' 23 16 Cedar 148 50 108 83 24 18 Alder 153 67' 109 92' 25 18 Cedar 93 75' 75 67' 26 14 Alder 115 42' 78 17' 27 12 Cedar 112 00' 70 75' 28 18 Cedar 119 83' 72 50' 29 18 Oak 132 58' 66 50' 30 7 Cedar 145 08' 84 00' 31 7 Alder 154 67' 89 17' 32 12 Oak 152 08' 80 50' 33 18 Oak 152 08' 80 50' 34 18 Oak 152 08' 80 50' 35 20 Cedar 171 83' 110 42' 36 12 Oak 185 58' 118 17' 37 24 Oak 185 58' 118 17' 38 14 Oak 177 33' 102 75' 39 16 Oak 185 25' 104 67' 40 14 Oak 126 92' S5 17' 41 16 Oak 125 67' 50 58' 42 10 Oak 140 08' 57 33' 43 14 Alder 140 08' 57 33' 44 18 Oak 140 50' 46 50' , r I� � � Natural Resource Assessment _ for Property at 11385 SW Fonner Street , in Tigard, Oregon (Township 2S, Range 1 W, Section 3, Tax Lots 900, 1200) � Prepared for John Stark PO Box 23215 Portland, Oregon 97281-3215 M . Prepared by ' Shawn Eisner � Dale Groff Pac�fic Hab�tat Serv�ces, Inc 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Pro�ect Number 2458 l June 29, 2001 I , L � � TABI.E OF CONTENTS Paee 1 0 I1�ITRODUCTION 1 2 0 NATURAL RESOUItCE ASSESSMENT 1 2 1 Regulatory Junsdiction 1 2 2 Natural Resource Assessment Methodology 1 3 0 DELINEATION OF WATER QUALITY SENSITIVE AREAS 2 4 0 VEGETATED CORRIDOR ASSESSMENT 3 4 1 Vegetated Comdor Width Determmation 3 4 2 Vegetated Comdor Plant Commumties 4 4 3 Vegetated Comdor Plant Commuruties Condition 5 4 4 Vegetated Comdor Discussion and Conclusions 5 4 4 1 Control of Invasive Plants 6 5 0 NATURAI, RESOURCE ASSESSMENT SUMMARY 6 � . 60 REFERENCES 7 e , 1 0 INTRODUCTION Pacific Habitat Services, Inc (PHS) conducted a natural resource assessment for a proposed tax lot partition at 11385 SW Fonner Street, Tigazd, Oregon (Township 2 South, Range 1 West, Section 3, Tax Lots 900 and 1200) The generalized location is shown m Figure 1 The specified site �s located in a developing residential area and currently contains one house and associated outbuild�ngs A small easterly flowing tnbutary of Summer Creek is located along the north end of the property Figure 2 is a two-foot contour map of the site that includes the approximate location of existing structures and the tnbutary of Summer Creek Ttus report presents the defimtions and the methodology used to assess the natural resources on the property as requ�red by Clean Water Services (Formerly Urufied Sewerage Agency, or USA) The natural resource assessment for this site includes a vegetated comdor analysis and a wetland delmeation, wluch will be submitted as a separate report The natural resource assessment and wetland delineation were conducted on June 8, 2001 2 0 NATURAL RESOURCE ASSESSMENT 2.1 Regulatory Jurisdiction . Clean Water Services as part of their revised Design and Construction Standards requires that natural resource assessments be conducted for Sensitive Natural Resource Areas w�thin their �unsdiction Sensitive Natural Resource Areas mclude intermittent and perenmal creeks, wetlands, and associated vegetated comdors The mtent of these requirements �s to " prevent or reduce adverse impacts to the dramage system and water resources of the Tualatm River Basm " (USA, 2000) USA requires a wetland determmation/deltneation, vegetated comdor assessment and rapid stream assessment on pro�ects that contain or are within 200 feet of a Sensitive Area The wetlands present on-site are located south of, and ad�acent to, a tnbutary of Summer Creek Ad�acent properties to the west and east apparently contam additional water quality sensitive areas These areas are also associated with the tnbutary of Summer Creek The off- site areas were not flagged due to lack of access to these sites The presence of a perenmal stream and wetlands both on-site and wttlun 200 feet of the site necessitated a natural resource assessment 2.2 Natural Resource Assessment Methodology The Natural Resource Assessment (NRA) contains three components a delineatton of the water quality sensitive areas, a vegetated comdor evaluatton, and a stream assessment A detailed discussion of the methodology is included in Chapter 3 and Appendix C of USA's revised Design and Construction Standards(L1SA, 2000) A bnef descnption of each component is included below Pac�fic Habitat Serv�ces [nc Natural Resource Assessment for Fonner Street/PHS#2458 - 1 - I 1 i� , ��F �^ � '� ��� �ry� � �� - ��� � �Il {i a y ���� ��� i � �-C- � _r= \ � � � �)f �er�'. � -r ,..,� �..` ` µ � i ' ` �"' �"/� ---_�_._ �•�_33_.._�.a'�'_�—..r�_ � .d,_._.n�. � �_ r," }�r - � � -pP£ �l if � � �� d 4 4 � �� � �{ , �. li V�''� \ � fr � 4 3}7 f �� L \ �j i`� C� .pf� � � 1 / � !i { � � f i � / �, O ( ' Y l �.�. 4 � 38.,... 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"'�� � 3=- "r ���_ -- �--E- r m��� .�,_ ,�"-`� j� ��� .� ��''�1''" ` � �i���-��rt�i-'---�"_ _ ------ � \ ��'� � ��-('�"� / tiy �",ar-� �_... -RA__A�_ ._.��- �`" -= �=~'F�'_� � / �� i' �'- r� �������� �� 1._.-��Jc'-- y � ��_ . �\ t EI 1 � �V� <f � �l' , _ _ - _ -� �I �I -°°��`:- -- 11� i� , .�� �,� , ,�� ��� �tl(�- �r_ ,�� 1 ��,�',,!-=�"__ I � � 1 � r �� /"� �� ! � �� �/ ° fr : ��t� �150 i' �� ��Tr t � � �_ 'l� ° � 1 cl 1 � � tI �r' �` _.r��� �_' ('8 � ��lj���3P9 Z4 `' !'� �. -- ' �_� �� '���� �.: v F ���I ,f i���� 1 . � �E�/'�s�" � �/' �_ �� .�f /"! _� ��/ � ? \ �i� J ^{ 4 J i ( 3 .�-�-, � ����.r / �f'�..r,"' �r_ RD�r...� r73�t��� \�,/ 11�.� t l � ��ll� r t I� I���� Y'� �� / �"r' ✓� a 't \ C+i i!C 10 l � 1 at� � � �ll�%� � `J"C�f -e" �/G �---� _r°� � _ ` !. y� •�`�-. �--- � � r' ��� '�%� � � ti �f y� —i�' A��__� ' �^'-_"��> �' ,�� � r� o ` � ���`_�- y �� 1�� �..—� �' � s �` ✓ " -. �e � �_` � -_--- r �`%�. � i � �-- , �e � n� � �{_� �° o ./' b� � � �II __ i� /- ,J f"�- \�� ]� �"° � ��- � � �'` i i ` � ' � �� ir�i u c ! � - ����o F ' �� �� � � ( � TUNLATIW r �� � �� � _ \ �'" .. +� , > () �r Zj o � �' V �r * � � 4.-._.� j��!C*"�.�TtALA'F1� � i t � ry R 5 r f �3 I .. I�, --- � N� '� �� � _r� � r�'' :�� �'� ! `� �� non� i�t��' i �...-'�!! ",%� � i� ��_-�,.,..--�.�_- - � 7 r�'" �a I l 1 1 . Cem��v � �'h GCIJt'JT1RYcaCLL� b J�i�l�a t� �� 6/18/01 2458 r� Location and general topography for the proposed Tax Lot partition site at 11385 SW Fonner Street in Tigard, Oregon (USGS Beaverton, Oregon quadrangle, 1961, photorevised 1984) FIGURE 1 PHS � �pac�tic Hab�tat Serv�ces,Inc � ' f // �,� ! C ` ` /.• , � : �. ` �y SITE � , � , ! � � ' : �, � / .: / � a � � � / :Q � � / � � / " / ZZO • i I a 0 � � � _/ � � o / -- �..�` � �� l�+� 1 t �` 1 !� f ► '• o ir" .o ' � � yl i � i i � �° � �� j E � � ��� i 6126101 2458 General topography for the proposed Tax Lot partition site at 11385 SW Fonner Street in, Tigard Oregon (1974 Aerial Survey map, City of Tigard On-line Maps). FIGURE 2 I'HS � —Pacific Habitat Services,Inc. r Del�neation of water qual�ty sens�t�ve areas A delineation of water quality sensitive areas (wetland, mtermittentlperenmal streams, spnngs, and natural lakes or ponds)must first be conducted For wetlands, the required cntena and suggested methodologies of the Corps of Engineers Wetland Deltneation Manua! Techncca[Report Y-87-1, (Environmental Laboratory, 1987) must be used to delineate the boundanes Tlus manual defines wetlands as requinng mdicators of hydnc soils, a dominance of hydrophytic vegetation, and wetland hydrology A determmation as to whether streams aze intermittent or perenmal must be made The extent of all streams, spnngs, and natural lakes or ponds must also be determmed Determ�ne Vegetated Corridor Wtdth and Cond�tcon The width of the vegetated comdor must first be determined at least every 100 feet along the boundary of the water quality sensitive area The comdor width can range between 15 and 200 feet and is measured honzontally from the outer edge of the water quality sensitive azea The boundanes of the sensitive areas and their vegetated comdors must be staked, surveyed, and mapped witlun the property and witlun 200 feet of the property lme on a base map T'he vegetated comdor width is based on the type of water resource(wetland, lake, stream), the size and nature of the water resource(acreage and/or perenmaUmtermittent), the size of the watershed, and the ad�acent slope The existing condit�on of the vegetated comdor must be determined This is accompl�shed by . 1) identifying the plant commumty types present in the vegetated comdor, 2) documentmg representative sample potnts, 3) charactenzmg each plant commumty type, 4) determimng the cover by native species, invasive species, and noxious plants, and 5) based on this mformation determimng whether the existmg vegetated corndor condition for each plant community is good, marginal, or degraded Stream Assessment If construction or discharge into, through, or across an mtermittent or perenmal stream is proposed, the Tualatin Basm Rapid Stream Assessment Techmque(RSAT) must be completed The RSAT includes stream channel cross-section(top channel width, bottom channel width, wetted penmeter, nffle depth, bank height), stream flow charactenzation(velocity, flow/ discharge), and stream comdor charactenzat�on (channel stability, channel scounng/sediment deposition, phys�cal in-stream habitat,npanan habitat conditions, water quality, biological �ndicators) 3 0 DELINEATION OF WATER QUALITY SENSITIVE AREAS PHS conducted a wetland delineation for the pro�ect site, and identified a tnbutary of Summer Creek and ad�acent floodplain as potentially�unsdictional wetlands and waters of the state/Umted States Figure 3 includes the location of 0 14 acre of potentially�unsdict�onal wetland and waters of the state/Umted States Pac�fic Habitat Serv�ces Inc Natural Resource Assessment for Fonner Street/PHS#2458 - 2 - 0 ��e Summer W£72ANDS BOUNLt4RY � I � _ � � �20 eo 73 .� i .� �� � — � VFGETAINF G10RR/DOR BOUNQARY � � �� — I — �� s�� 4 ��� � , LEGEND � Potentio//y ✓unsd�ctiona/ Wet/ond � � � Samp/e Point ----- Vegetative Comdor Boundary � �egetotive Commun�ty � � — _-- — --- — �— — sw��+sne�'r o ao eo ieo scsIB n� F�r s/22/o� Vegetated corridor boundary and plant community for FIGURE 2458 the proposed Tax Lot part�tion site at 11385 SW Fonner Street in Tigard, Oregon (base map provided � i�HS by DeHaas and Associates, Inc , 2001) � Pacific Habitat Serv�ces, Inc ������t*��� '�"4 ' �.�r.���� -^+ �,�} � t,, `■,. �!� �i `� :y"'�'::�'� ''� ,-► . , �, . a � � ` ��i � . ��` . . � fiC �• i.� -i. v� 4� .�� ,*. i�. -�t t ♦ ., � �-� �{� c.q�' # � �•�i,�iY}�".. i ,�{i ,!•-:,�j ��r+•�r '. �GJ ��� �i. . `i �_i � �� 4^ � yf�. � #F~ ' ti: �K�,��.. ; . 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" y ,� .. � f ..�,"#-�3� - _. ..,�� -�n. ��.'i..,� i =-�' f�'i��k�. 4����A� '��� r- .e�� ,.:s �fr'ti .3'. - .�'�`re,,������. c. -,�t ' - :�� �;� �,?��y-� � '��,� �� � `�• � ' - r `` � � e ?' `�� ��� � T � *, ' � � � r+` �a' '�' . � � � '� fl� • ..z •�.En�,.� ,, � �� ,r•�` - . •:� . � . . ;ro �'d �r� - --��� �' _ :�.. , .�4 - .��-� •� � m .. � ��'rti ;'�� .S,i ��. �k„� t r'��,s:r ; � ���,��� � �` �~ '-�� ��� � .� 1` �`�� � �..� i� � ��i ��� ��{ - �j �'i'��1^� � w ._'� � fi-�' - � �� .,��4y �r'�►' ��' 't ?v..`���4i.� r�' ���� �`_� _ . � � r �ic , !���_•�'°fiir�:ia._a.. •- � �'���„� . 6122/01 2458 Photographs of vegetated corridor and plant community for the proposed Tax Lot partition at 11385 SW Fonner Street in Tigard, Oregon (Photos by Shawn Eisner). FIGURE 4 rxs pacific Habitat Serrices,Inc. � , 4.0 VEGETATED CORRIDOR ASSESSIVIENT 4.1 Vegetated Corridor Width Determ�nation PHS determmed the width of the vegetated comdor for the study area The sensitive area withm the site is a perennial stream draimng 51 to 100 acres(USA/Metro Perenmal Streams Map, 2000) bordered by a wetland area The on-site wetland ad�acent to the creek is 0 14 acre in size but extends off-site to the north, east and west and is assumed to be greater than one half acre m size The vegetated comdor of off-site sensitive areas to the east and west would overlap the on-site comdor and as such have no effect on the overall on-site vegetated comdor width or location The results of the vegetated comdor width determmatton are discussed following Table 1 Streams The stream (a tnbutary of Suminer Creek) is perenmal with a drainage area of 51 to 100 acres Wetland 0 14 acre on-site(assumed greater than 0 5 acre including off-site) Table 1 Based on these character�stics, the requ�red vegetated corr�dor widths related to the sensihve areas ar-e as follows Streams { r� e°'�� °'Y Wetland�s�ze� ����Adjacent slope , }''�Width�of VegetatedxCorridor� - ..,�r _ ,; " �� � acres �; >r;;-°�.�Z s��� ' � -� � , W � >���_�� �.�,h� .-H- � r 3 �, /o �Per,en}�.�� �FInter s � 4�<OS 7,A >0"5,� ��<25x, .� � >25 ,� �Y� � �°� �(feet)� �.�`� ' } � � ✓ ✓ 50' ✓ ✓ 35' be ond to of ravme A Suunto PM-5/360 PC inclmometer was used for field measurements of percent slope ad�acent to the wetland smce a surveyed topographic profile of the hillside was not available The measured slope 50 feet south of the southernmost edge of the wetland is 45% The measured slope over the next 25 feet is 19%, so the edge of the vegetated comdor is located 35 feet from the ravme grade break, wtuch is located 38 feet south of the wetland The result is a vegetated buffer width of 73 feet(38 feet to top of ravine, plus 35 feet) On the west side of the property, the slope is 36%over the first 50 feet The slope over the next 25 feet is 23% The top of ravme along the west side is located 45 feet &om the wetland boundary resulting in a vegetated buffer width of 80 feet(45 feet to top of ravme plus 35 feet) Along the eastern edge of the site the slopes average 35%, but due to the configuration of the hillslope, these buffers extend off-site to the east The 73 foot buffer width from the southern-most end of the wetland results in buffer widths rangmg from 80 feet along the west side of the property, 73 feet m the center and 120 feet along the east side Figure 3 tdentifies the approximate width and location of the vegetated comdor within the pro�ect boundary Pacific Habrtat Services [nc Natural Resource Assessment for Fonner Street/PHS #2458 - 3 - � � 4 2 Vegetated Corrddor Plant Communities The vegetated comdor study azea contains one plant commumty Figure 3 identifies the location of Plant Community A and sample points Figure 4 �s photographs of the comdor plant commumty The following table summanzes the species distnbution withm the plant commumty Table 2 Plant Commun�ty A �BOtAII1CAl�N'dII1C� � ..=�+"''��zs'�z n�.OIIl�1011"NBIIle�'�`� �F,'"ia�� _rr �,�:',{w x.-��COVeI' E%� ,�s rd�"� " SS �.a� C �+�5'ts � 4-� t1r � �. .r -� ..p r ��°i,�,"3`�°r � i� ,, ;,�'-{G `,� � � i .[ �,�fG ° "j y � 7, .�. ^�p U �'� z ''i�te� '+�_`xA [ � .�m �.0 ,�.'�s......._ K� � ,.!� i �1� ` � "7�0. � �'.._...'�..'�JO�O__ d�' � -• - c+�... _�... �.,..-.a..h... .s.i r1.._�«*.�...-.�.�'�...�.S...a.-v..�.. L �.. _..�,-,.�.... � .u_.� .Aw Acer macrophyllum* Big leaf maple 47% Thu�a plicata* Western red cedaz 43% Tsuga heterophylla* Western hemlock 10% q�'""'�`yia'^ .i�� ��,�,.'9�f;�,�,_ra-r""4 ti`r r�a��r�^ ,� '� � t .���r;� t�,,, L' -°rs �,�,.-,,� '"t' O 1 A.�M'v .. Shrubs � �`� �„��,�..�-.�'.�.�',w�..��.. � � ..� .�:...�,�;kyr_tr.���.�����'__ ���'4.�'.�,r.� _22/o L'�.,:e�.��.'� Corylus cornuta* Beaked hazelnut 17% Ilex aquifolium** Holly 17% Oemleria cerasiformis* Indian plum 12% Prunus avium Sweet cherry 7% Prunus laurocerasus Laurel cherry 22% Sambucus racemosa* Red elderberry 20% Sorbus sitchenscs Sitka mountain-ash 5% y '7"' s a �4 t�'"-�,{9 5 °' i "� ' T�• S+ � �,�WO�Od��V�eS �ro„�..,�....,..."'s..<.�..�'a .YG'� ���` ��ta�°_:..�,{w�.a�� "�.' .��r�.�r� „�, ��}4'+x-�����,. �10��0 n_ � �F�,�;� �, Hedera helzx** English tvy 85% Rubus discolor** Himalayan blackberry 12% Rubus ursinus Pacific blackberry 3% s G4 �i b-J s'�. ° �„ ' `.�t � e �" r"� s ,� t rounpd`�Cover � �, � ` �`�� �° 5� � ` �� '��'�� =����`�- 30%- � __ :.�...� �.x�.,. ._ ,�� _ x° � �,� _,� __.����x� �_ � � :,_. �.�. z -�� Circaea alpcna* Enchanter's mghtshade 5% Equ�setum arvense** Field horsetail 2% Holcus lanatus Common velvetgrass 3% Hydrophyllum tenuipes* Pacific waterleaf 45% Polystzchum munctum* Sword fern 30% Telkma grandiflora White fnngecup 15% �1`� /�°- �k^r� �*t'.` a3�' �"' d�,'1�`'_`. �� �yy. a 7 s"'G"�i.r�,*�r-, .,- ,,., r � /o Cover�by Natrves (� '�; °r >��•�c a r� �., �c�m'��73�� +-? � " 't f � .t S 1 i 1W b..�"3 Ri � yyp f d �" f F 6 �4r°r* O x,��r'rr. " >, ir 4 � r�e 'r}` 6"�'hr a O i. �. •-+A.r� t f � � E""i � � ,s i ' � f3 O i � �,i^ /oTrtee Canopy ._ �> ro � �j� '� ;� _���,�'82�/0 � F �� � a� �,.,° � 6..' r } �tq„„ .y .._ ..r ^., t � $ �' r� kY` w. � : j.M.�`b.1 ,�%IllVSS1Ve�OlC10llS �a-�-.. ? -, "' ' �3 �, �� � �' ��x� ,� � � �1'4% r �,�'` *Nanve Species **lnvasrve spec�es or nox�ous weed(ODA or Portland Plant Last) Pacific Hab�tat Services Inc Natural Resource Assessment for Fonner Street/PHS#2458 - 4 - 0 � 4 3 Vegetated Corridor Plant Commun�ties Cond�tion The following table summanzes the condition of the plant commun�ty in accordance with USA standards Table 3 Summary of the Plant Commun�ty �Plant Communi� tt 3 �"R w ^ w �a z �] ^ s/�■ F } wl"i �°e �`"%" �{ 't t r"� A�OT�uOT'��OQ4l��IIX�:Y � '� i �;���� � Pt3�i k� ,f�'Y�j�`1;� � 1 r:...�.���'S,s.r� >80%cover of nat�ve plants, and >50% tree canopy, Good or <10% tnvasive, noxious weeds 80% -50%cover of native plants, and 26-50% tree � Marg�nal cano ,or 10-20% mvasive, noxious weeds ✓ <50%cover of native plants, and <_25%tree canopy, Degraded or >20% mvasive, noxious weeds 4 4 Vegetated Corridor Discussion and Conclusions . The vegetated comdor along the tnbutary of Summer Creek on this site is charactenzed by � upland npanan forest The tree overstory is composed of big leaf maple (Acer macrophyllum), westem red cedar(Thu�a pl�cata)and western hemlock(Tsuga hecerophylla) The shrub portion of the understory is diverse and is composed of native plants �ncludmg beaked hazelnut (Corylus cornuta), Indian plum (Oemleria cerasiformts) and red elderberry(Sambucus racemosa) Woody vmes such as Engltsh ivy (Hedera helix) and Himalayan blackberry (Rubus discolor) are present, mcreasing m percent cover with distance from the wetland edge Upslope from the 50-foot vegetated comdor English ivy dommates the understory Within the comdor, native herbaceous cover includes Pacific waterleaf(Hydrophy[lum tenuipes), sword fern (Polystcchum munitum)and enchanter's ntghtshade (Circaea alprna) In accordance with USA's comdor classification system, Plant Community A is in "Marg�nal" cond�tion A moderately high percent cover of native plants (73%) and good tree canopy cover (82%) are degraded by a moderate percentage of noxious/invasive plants (14%) To enhance the condition of the corndor to good condition, PHS recommends removal or control of the non-native spectes, specifically English ivy, Himalayan blackberry and the holly shrubs At present, there �s an adequate population of native plants species By simply removing and controlling existing non-natives, a more nat�ve groundcover of shrubs and herbaceous plants will be able to reestablish itself in the vegetated comdor Pacific Hab►tat Services Inc Natural Resource Assessment for Fonner Street/PHS #2458 - 5 - � � 4 4 1 Control of Invas�ve Plants The vegetated corndor contains areas of H�malayan blackberry and English ivy Control measures for these spec�es are typically either phys�cal (i e cutttng, pullmg) or chemical (herbicides) Though limited herbicide use can be very effective m controlling blackbemes, English ivy is typically best controlled by physical removal In both cases, persistent efforts over several seasons may be necessary to keep each species under control 5 0 NATURAL RESOURCE ASSESSMENT SUMMARY • A perennial creek(a tnbutary of Summer Creek) w�th a drainage area of 51 to 100 acres �s designated as a Sigruficant Natural Resource Area and is located withm the pro�ect azea • A wetland associated with hillside seeps and the creek is located on-site and extends onto ad�acent properties wittun 200 feet of the site The wetland �s greater than one half acre in size and is designated as a Stgnificant Natural Resource Area • Slopes ad�acent to the wetland are greater than 25% • The vegetated comdor is 73 to 120 feet wide The comdor begins at the base of a tull slope, south of the wetland, where a number of seeps intersect the ground surface • • The vegetated comdor contains one plant commumty, which is in margmal condition pnmanly due to a moderate percentage of invas�ve plant species • Proposed enhancement measures include removal and control of the existmg non-native and invasive plant species Pac�fic Habitat Services Inc Natural Resource Assessment for Fonner Slreet/PHS#2458 - 6 - � � 6 0 I�FE�tENCES Oregon Deparhnent of Agnculture, 1998 Noxious Weed Policy and Classcficataon System Pacific Habitat Services, Inc , 2001 Wetland Deltneatcon for a property at 11385 SW Fonner Street tn Tigard Oregon Portland, C�ty of Bureau of Plamm�g, 1991 Portland Plant L�st Tigard, City of, 1974 Aerial Survey Map On-line maps, www ci tigard or us/ maps/topos/4318 tif Urufied Sewerage Agency, 2000 Descgn and Constructcon Standards U S Geologic Survey 7 S Mcnute topographic map Beaverton, Oregon Quadrangle, 1961, photorevised 1984 � Pac�fic Habitat Serv�ces Inc Natural Resource Assessment for Fonner Street/PHS#2458 - 7 - � Wetland Delineation for Property at 11385 SW Fonner Street in Tigard, Oregon (T'ownship 2S, Range 1 W, Section 3, Tax Lots 900, 1200) Prepared for John Stark PO Box 23215 Portland, Oregon 97281-3215 . Prepared by Shawn Eisner Dale Groff Pac�fic Habitat Serv�ces, Inc 9450 SW Commerce Circle, Suite 180 Wilsonville, Oregon 97070 (503) 570-0800 (503) 570-0855 FAX PHS Pro�ect Number 2458 June 26, 2001 i , TABLE OF CONTENTS Pa�e 1 0 INTItODUCTION 1 2 0 WATERS OF'Y'HE STATE AND WETLAND DEFINITION AND CRITERIA 1 2 1 Regulatory Junsdiction 1 2 2 Waters of the State and Wetland Defimt�on 1 2 3 Wetland Cntena 2 2 3 1 Wetland Hydrology 2 2 3 2 Wetland Substrate (Sotls) 2 2 3 3 Wetland Biota(Vegetat�on) 3 3 0 PROJECT METHODOLOGY 3 3 1 Off-Site Reseazch 3 3 2 Wetland Delineation Field Methodology 3 4 0 WE'T'I.AND CRITERIA DISCUSSION 4 4 1 Topography and Site Conditions 4 4 2 Hydrology 4 4 3 Soils 5 . 4 4 Vegetation 5 5 0 WA'�ERS OF THE STATE AND WETLAND DISCUSSION AND CONCLUSIONS 6 5 1 National Wetlands Inventory 6 5 2 Local Wetland Inventory 6 5 3 Waters of the State and Wetland Conclusions 7 6 0 REFEIZENCES 8 APPENDIX A Wetland Determination Data Forms a 1 0 INTRODUCTION Pacific Habitat Services, Inc (PHS) conducted a wetland determination and delmeation on Tax lots 900 and 1200, located at 11385 SW Fonner Street in T�gazd, Washington County, Oregon (T2S, R1 W, Section 3) The generalized location �s shown in Figure 1 Tlus report presents the defimtions and the methodology used to determme the location and extent of wetland on the property, followed by a discuss�on of site chazactenstics as they pertain to the three required wetland cntena The wetland delineation was conducted on June 8, 2001 2.0 WATERS OF THE STATE AND WETLAND DEFINITION AND CRITERIA 2.1 Regulatory Jurtsdictdon The Oregon Division of State Lands (DSL) regulates wetlands and water resources in Oregon under the Removal-Fill Law(ORS 196 800-196 990)and by the US Army Corps of Engineers (COE)through Section 404 of the Clean Water Act The pnmary source document for wetland delineations within Oregon is the Corps of , Engzneers Wetlands Dekneatcon Manual, Technccal Report Y-87-1 (Environmental Laboratory 1987)wluch is recogruzed by both DSL and COE 2.2 Waters of the State aod Wetland Definition Waters of the state are defined as"natural waterways �ncludmg all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water m th�s state, navigable and nonnavigable " "Natural waterways" is further defined as waterways created naturally by geological and hydrological processes, waterways that would be natural but for human-caused disturbances (e g channelized or culverted streams, impounded waters, part�ally drained wetlands or ponds created m wetlands) "(DSL, 1995) Wetlands are defined as"those areas that are inundated or saturated by surface or ground water at a frequency and durarion sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions" (DSL, 1995) Pacific Habrtat Serv�ces [nc Wetland Deltneahon for Fonner Street Lot Part�tion-#2458 - 1 - � �� l� � � '�i-1��� ` �'`��- -`l� �.t ry� .1 � ��—-_ =F���.�,� �� —°y�j �� ,�;' �C`� �,�,� =' `-' �� � e � y i � � i 3 � �iE � �_ ''' w__ � ,c /'- �l i r � �� �� �� r�� �s�i� J�/ 1�1� �= --����ti7 i�n�Y .� i '" � � ����.��c, 04'✓�� ��r ���.a� �(�t ��A lJ� �i --.. ��{ ✓"!� � � 3�..,c E � � � ��tF u l� � � � � _� !rs( 1� � f�� �� � ��, �r 1 rf'�,-N� > � � � \ ♦ � v ,H ft =�+,.� �l(7L�� �I O• �' SITE �� �-^��}�1�' �_\ c �t'I_ �'�.�s��` r� "�, i _ .�.�i���.. i -_ �f, ;t i�� //J ��('�`�-�`� � .-�:=-r� ���j�r�� 1 I Ti �`,���.-}J�y�`��� � l •O�►���3�����{�, �� f� ��p ff�~�� 111JjY� f�'� �� _ � �y =_i__ ` �Q $T; i �t A�rt n`) i� �r � �„p (!` � ��� tr fl a f ji.i`ti/,�.,5w\ ������ � '`�y�� � rq� / �•�• /�9 ch ��, � F �� � �`� ��"v.11,t, -{'� � a �.Lf�� -}; 1 � 9 _ � {)i9�1 ,�'� / - .,� //��,e �O o� Gi� � � �� � s� `�1-/�-�--'r f-r�}v� t�l �€� ti�r �: r�N R � �� f ! f 1 • � r�\' 2 TI t� J t ,'.r a . ,� /� L -�♦ �� �� p� � ` -;t �`� 1 `",Y' T') �,�� y� � ���i' L5=, ���v>�f f !��>,�- - ,,. � � �� ♦ I �`� i f �j 3 � I� l Y G�✓I !�/'� � �," /� �% ��, 1��i � '�0''��� .,/ e �� � � 9 �'�`�7 ��f��t / fr � '� } � � w�' ,, - �. � d � �hd� ��rj ��' ��ff f 1 � r--. ��-= t[- ��/_ � ai ��,_ tt�� � � �. 14,+ t Er n Et7 ��it r,� ,� �, l �`al� '%="'_� �—=— —,I a � '—%�, /' ;�;, � ��� ;��r � ��%_---., Y� �����:_' /, (� } � ��`#'� -� ��"� • s �;' �� ll r�y i S 1 i t� i 1 � �i ^,V / y i �1 �� \ � �� � �� � .! 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�� � '�. � �( '` � �5 �t 1 � � � � �t � 1�+S E� . � , y'�°! ii e j � --� �i��a� � - �� � ' � � � T u�1L A z i rd {� � ' �,i1� � �f �� / l�� i�tT ��tu.ata�v�� r � `� R o� �� �� � ���i��1! o �kv c�r �_�--r rr� � �� non3� � 4 ��� � ��� �� �P°'-�=_='~ o �-� -- --.% r'J��� , �71 �� �� Cem�`�' i't� i3OU�'°]1��`RY�CLUBtl� �(vidbi�G4� 6/18/01 2458 Location and general topography for the proposed Tax Lot partition site at 11385 SW Fonner Street m Tigard, Oregon (USGS Beaverton, Oregon quadrangle, 1961, photorevised 1984) FIGURE 1 p"s �pac�tic Hab�tat Serv�ces,Inc � 2.3 Wetla�d Criterta Based on the above defimtion, three ma�or factors charactenze a wetland hydrology, substrate, and biota 2 31 Wetland Hydrology Wetland hydrology is related to duration of saturation, &equency of saturation, and cntical depth of saturation The 1987 manual defines wetland hydrology as mundation or saturation wittun a ma�or portion of the root zone(usually above 12 mches), typically for at least 12 5% of the growmg season The wetland hydrology cntenon can be met, however, if saturat�on witlun the ma�or portion of the root zone is present for only 5%of the growing season, dependmg on other evidence The growing season is defined as the portion of the year when soil temperatures at 19 7 tnches below the soil surface are tugher than biological zero (41 degrees Fahrenheit, 5 degrees Celsius), but also allows approximation from frost free days, based on air temperature The growing season for any given site or locarion ts determined from Umted States Department of Agnculture(USDA), Natural Resources Conservation Service(NRCS) (formerly USDA, Soil Conservation Service (SCS)) data and information Wetland hydrologic indicators include the following visual observarion of inundation or . saturation, watermarks, dnft lmes, sediment deposits,dramage pattern, and/or oxidized rhizospheres with living roots Oxidized rhizospheres are defined as yellowish-red zones azound the roots and rhizomes of some plants which grow in frequently saturated soils 2 3 2 Wetland Substrate (Soils) Most wetlands are charactenzed by hydnc soils Hydnc soils are those that are ponded, flooded, or saturated for long enough dunng the growmg season to develop anaerobic conditions Penodic saturation of soils causes alternation of reduced and oxidized conditions which leads to the formation of redoximorphic features(gleying and mottling) Mineral hydnc soils will be e�ther gleyed or will have bnght mottles and/or low matnx chroma The redoximorphic feature known as gley is a result of greatly reduced soil conditions wtuch result m a charactenstic grayish,bluish or greenish soil color The term mottling is used to descnbe areas of contrasting color witlun a soil matnx The soil matnx �s the portion of the soil layer that has the predominant color Soils which have bnghtly colored mottles and a low matnx chroma are indicative of a fluctuating water table Hydnc soil tndicators include orgamc content of greater than 50%by volume, sulfidic matenal or"rotten egg"odor, and/or presence of redoximorphic features and dark soil matnx, as determined by the use of a Munsell Soil Color Chart This chart establ�shes the chroma, value and hue of soils based on companson with color chips M�neral hydnc sotls usually have a matnx chroma of 2 or less in mottled soils, or a matnx chroma of 1 or less in unmottled soils Pacific Hab�tat Services Inc Wetland Delmeahon for Fonner Street Lot Part�t�on-#2458 2- 2 3 3 Wetland B�ota(Vegetat�on) Wetland biota ts defined as hydrophytic vegetation A hydrophyte is a plant species that is capable of growmg m substrates that are penodically deficient m oxygen as a result of saturated soil conditions The US Fish and Wildlife Service, m the National Lcst of Plant Spectes that Occur in Wetlands, has established five basic groups of vegetation based on their frequency of occurrence in wetlands These categones, referred to as the "wetland md�cator status", aze as follows obligate wetland plants (OBL), facultative wetland(FACV�, facultative(FAC), facultative upland(FACL�, and obligate upland (UPL) Table 1 gives a defmition of the plant indicator codes Table 1 IDescript�on of Wetland Plant Ind�cator Status Codes n ca�tor '�� � �°' �- ` .� .�� - ` ��y� � ;�� . �����„✓,����.���.z--t���,� ,�#� ,�� !$, "' � � �.ry "�/ �� ��`<°� � 1 �.��g���� yry � �� 'i g� ( � h�� � t�1 t SG 'A' S h +j's�`{1 � A#� �Y' S C�o�e���,� �>.�.Stat7rS ���°�.��s�,�.��,��; 4����,� � ��.. _.�� '� �'.'�'��;�� OBL Obligate wetland Estimated to occur almost exclusively m wetlands (>99%) FACW Facultative wetland Estimated to occur 67-99%of the time in wetlands FAC Facultative Occur equally in wetlands and non-wetlands (34-66%) FACU Facultative upland Usually occur in non-wetlands (67-99%) UPL Obligate upland Estimated to occur almost exclusively m non-wetlands (>99%) If a species is not assigned to one of the four groups descnbed above it is assumed to be obligate upland NI Has not yet received a wetland indicator status, but is probably not obligate upland 3.0 PROJECT METHODOLOGY 3.1 Off-Site I�esearch Pnor to beginrung fieldwork, available information was reviewed in order to ascertain where potential wetland/waters of the state may exist on-site, and to facilitate the gathenng of data TYus review included the USGS topographic quadrangle, the Soil Conservation Service soil senes maps, the list of Oregon hydnc soils by County, the US Fish and Wildlife Service (LJSFWS)Natconal Wetlands Inventory(NWI) map and the City of Tigard Metro Title 3 Hydrologic Features map 3.2 Wetland Delmeation Field Methodology Observations of hydrology, sotls, and vegetation, were made using the "Routme On-site" delineation method as defined tn the 1987 manual One-foot diameter so�l pits were excavated up to a depth of 18 inches in selected locations The soil profiles were examined for hydnc sotl and wetland hydrology field indicators Pacific Hab�tat Services, Inc Wetland Delmeahon for Fonner Street Lot Part�rion #2458 3 aIn addition, a vtsual percent-cover estimate of the dominant species of the plant commumty was performed using soil pit locations as a center of reference Dom�nant plant species are based on est�mates of percent cover for herbaceous, woody vme, and shrub species within a 5 foot radius of the sample point, and basal area cover for tree species within a 30 foot radius of the sample pomt Plant species m each vegetative layer which are estimated at less than 20% are not considered to be dommant The wetland indicator status�s then used to determine if there is an overall dominance(greater than 50%) of wetland or upland plant species Data documentmg the three cntena for the representative sample locations are recorded in the field This information�s subsequently transferred to standard wetland delineation data sheets, wtuch are �ncluded m Appendix A In addition to the sample points, numerous other soil pits were excavated between the data points to venfy changes m the three cntena 4.0 WETLAND CRITERIA DISCUSSION 4 1 �'opography and S�te Condit�ons The site consists of two tax lots that are proposed to be subdivided into three new lots The site is bordered to the south by SW Fonner Street and by residential properties to the east, west, and north The northern end of the site contains a small tnbutary of Summer Creek A npanan forested lullside separates the creek from the developed southern portion of the lot , Currently there is a home and associated outbuildmgs located at the south end, along Fonner Street The site slopes gradually, from approximately 240 National Geodetic Venc�al Datum (NGVD) at Fonner Street, north to the edge of the forested area at approxtmately 230 feet (NGVD) The nparian forested area lies along a moderately steep hillside that slopes down to the floodplain of the creek The creek, wtuch lies at approximately 200 feet(NGVD), �s the lowest point on the site 4.2 Hydrology Site hydrology tncludes a tnbutary of Summer Creek, which is the northern property boundary of the site The stream contained about 2 to 3 mches of slow moving water in a poorly defined channel about 3 feet wide South of the creek, at the break in slope of the forested hiliside, are a senes of hillside seeps Between the tullside seeps and the creek, soils are saturated and m some azeas the groundwater table intersects the ground surface The hydrology cntenon for�unsdictional wetland was satisfied between the Summer Creek tnbutary and the steep hill slope by the presence of soils saturated to the surface, a shallow water table and wetland drainage patterns in the vicin�ty of the hillstde seeps Pacific Habitat Serv�ces Inc Wetland Delineation for Fonner Street Lot Partition-#2458 4- a4 3 So�ls The US Department of Agnculture, Natural Resources Conservation Service(NRCS) (formerly, Soil Conservation Service(SCS)) has mapped the site as hav�ng Cove silty clay loam(13) and Woodburn silt loam(45B), 3 to 7% slopes Of these soils, Cove soils are considered hydnc by the NRCS (see Figure 2) Additionally, the Woodburn silt loam (0 to 2% slopes)can have hydnc sotls inclusions (IJSDA, SCS, 1989) Table 2 summanzes key features of the soils mapped on the site Table 2 Summary of S�te So�l Characterist�cs �� �� °'�� 3�s�'42�.�+`'�y' 'KS �..o �.-y'+-��-.-�M;�r.—.,ay�'�.�� g'"�-'����-`�v+r�4�`Yri'a�,°.� }e�,$`.w .y u`.�'.`�-r.��4'�� a � �� r �,.��- � ��,��ti�� �� �z=�"�� ���-�:�����r ����Hydric� �r� � Soil Senes��"�������� �Slope�Dramage.�°C- lass����a��� Hydric �.�;,,�S ti�.� ������� �e���'�'«.i�u�' �` ��,� r�y.,r�.♦ ;.� sms�-rf::;�a�:>'+ ; ,�'`� .#�a� � �<F.v4 i 7 sn> �.._�� �a=�_��.�`��&�R 1 4�,ktJ�'��iKi.�=..•'la.Fii_.Su��b�S'-an*�`t�i��� ��arV�'' ��.�K?�°" .��1��.v+�Incluslons r��'�1 Cove silty clay loam 0-2% Poorly drained Yes - Woodburn silt loam 3-7% Moderately well drained No Yes The soils on the forested hill slopes are very dazk brown (lOYR 3/3) to dark yellowish-brown (lOYR 3/4) silt loam Soils between the creek and the hillslope are very dark brown(lOYR 2/2) or very dark gray (SY 3/1) sandy loam or silt near the surface Below, soils are dark gray (lOYR 4/1) to black(lOYR 2/1) sandy loam or silt loam with prominent, dark yellowish- brown (lOYR 4/6) mottles in some locations . The hydnc soils cntenon was satisfied in the vegetated low area between the hillslope and the creek, by the presence of low chroma soils with and without mottles 4.4 Vegetahon In the developed portion of the site, vegetation is dominated by lawn and an overgrown garden azea Common herbaceous plants include, spotted cat's ear(Hypochaeres rad�cata, FACi�, Queen Anne's lace (Daucus carota UPL), white clover(Trcfolium repens UPL), curly dock (Rumex crispus FAC+), orchardgrass (Dactyl�s glomerata FACi�, common velvetgrass (Holcus lanatus FAC), bull tl�ustle(Cirsium vulgare FACL� and cleaver's bedstraw (Galtum aparane FACU) North of the developed portion, the hillslope is charactenzed by upland npanan forest The tree overstory is composed of big leaf maple (Acer macrophyllum, FACLn, western red cedaz(Thu�a plzcata, FAC) and westem hemlock(Tsuga heterophylla, FACU-) The shrub portion of the understory is diverse and is composed of native plants �ncluding beaked hazelnut (Corylus cornuta, FACi�, Indian plum (Oemler�a cerasiformis, FACLn and red elderberry (Sambucus racemosa, FACL� Woody vmes such as English ivy (Hedera helix, UPL) and Himalayan blackberry (Rubus discolor, FACU) increase in percent cover with distance from the creek and hills�de seeps Common nat�ve herbaceous cover includes Pacific waterleaf(Hydrophyllum tenu�pes, IVI), sword fern (Polyst�chum munitum, FACU) and enchanter's n�ghtshade (Ccrcaea alptna, FAC+) Pacific Habitat Services [nc Wetland Del�neation for Fonner Street Lot Partitton-#2458 5 � � �� � A { �� �d y 9 xi ic�� ,» a ��� � , � SOIL MAP iJNIT5 ^" r � 1 ✓ r 6C t ..�..., � �e �,t� - --'� `� i�� �` �� ��" � � � 13 = Cove silty clay loam „c� �;r - "-.,"�.�'45��a �' �L��° S�- - Ay��~' " � � � 45B = Woodbum silt loam,0-7%slopes , r+.y��q � �� � � v �"^3��� ,�°,,]i: �� �?ST��'s`�'�`°�3� ! t` r fe� SO� l�g 45C �' � '�"�;rv£�ra � � � r. � � t ''� `���458� �" �_,� �� 'IFI � 1 ��'b�h�� 458 � �i1;,"7`9"�'�� 'A � 4s"cyy.-"9t..��*-,a s i f -._. 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' 76 ilraif{� 4� n �- ti r 4 1 t e � L °l/4� � �'.* �'. d� � *� ,w 1 �� ; ���78 ��11C fl�, `�}(C` �q� r {� ' �4 �� �"',-�, .�i � d 43` i ` t ' �' '^ �'' _.+m * C .? � � v d a�� i 5 } �B l a �� ���� �a SITE � � 4 � �' $ � �' F 3 "q� 1 r fQUn�RY r � ��i� � 'Q" ' � 16C�' 7C �r k� , �xi �'45Ce��,� ,m91C � � + ` � 'r r � � � p\. � �?��i��. i � i ,�i� f � - � �` �, � � ! �` �a � .=a���.*�n" > ° t � � �y� � � i+�T ,q + ��.+i.Ni � � 6^1 #b'; ��fq � ��� � �C F_ t ' � � y� i �.�{ 1„ v � §�¢� � � v�� � ` � G - 9�- �i) ,� �'�.c 1 C� j � . �, 1� � 1 W � �.�nr T; ' ^- s �' � �� � � a � � i w�ct, .� +� ��i ��'e t �'�t: -4 v �` �4 `"a..�t �-c '�y� �` 1 ° a R�t ; 1� 1r't6� ��" � '�� °l`"`r �f 11 .. ry' �I 1C„ T k e,p�' $ �� ^c 7�4 .y O ,1�D 'y % � '3 1�iC" t �"< I� ��' -�� C� t�A� �� � � °"�� ' 11+ 5 s-�'1rr �° � �*ri�L � 1�9 � ^ �r � ��� � ��{� lE�' r 11 ttC t � � � I ,y '' y. `�,�`r h- �j i i t ��`,+ s -•�v b � 1��� � 1� 'F � � %��� �tfr45�4 '�� al '` B _, c �F� ,�r �+ 1dD �t, 'S.�,�iz �„, � 7� y, � . � iia �y ��,��ntain � �`��'� � � i � � � ,. �,�# ti� �� °�` � � t �, z , �,w�. � 4,�����x� �.,��,, � i ie�- a ! � i ic4�� " • �" ,-� �ry '} ��'� 7B `7D,,� _ �'f�<� (�� tilC it���Air,�7r�� ,y ` "Yx �, �� 6/18/01 2458 Sod senes fro the proposed Tax Lot partition site at 11385 SW Fonner Street in Tigard, Oregon (SCS, Sod Suroey of Washmgton County, Oregon, 1982, sheet number 44) FIGURE 2 p"s � �pac�fic Hab�tat Serv�ces,Inc � North of the rtpanan area, in the vicintty of the floodplain and hillside seeps the overstory is dominated by tree cover provided by the npanan hillside There are, however, a few red alder (Alnus rubra, FAC) trees and vme maple (Acer carcinatum, FAC-) shrubs that are rooted in hummocky areas withm the floodplam of the creek The herbaceous layer provides the dominant vegetative cover between the npanan slope and the creek Dominant cover tncludes skunk cabbage(Lys�chiton amer�canum, OBL), lady fern (Athyrcum filax femcna, FAC), small duckweed (Lemna mcnor, OBL), giant horsetail (Equ�seum telmateza, FACV� and Pacific waterleaf(Hydrophyllum tenuipes, NI) In addition, bittersweet mghtshade (Solanum dulcamara, FAC+) is common near the hillside seeps The hydrophytic vegetarion cntenon was sat�sfied south of the tnbutary of Summer Creek to the base of the lullslope by the presence of a dominance of wetland plant species (plants with a wetland indicator status of FAC, FAC+, FACW-, FACW, FACW+, or OBL) 5 0 WATEIZS OF THE STATE ANI) WETLAND DISCUSSION & CONCLUSIO1�iS 5 1 Wetland Inventories 5 1 1 Nateonal Wetland Inventory , The US Fish and Wildlife Service, as part of the National Wetlands Inventory (NWI) program, has mapped palustnne emergent, persistent, saturatedJsemi-permanent/seasonal � excavated(PEM 1 Yx) wetland wrthm the property(Figure 3) Tlus mapping is consistent with our ftndings The NWI maps are generated pnmanly on the bas�s of interpretation of color infrared aenal photographs (scale of 1 58,000), with limited "ground truthmg"to confirm the tnterpretat�ons 5 1 2 Local Wetland Inventory The City of Tigard, as part of the�r Metro Title 3 Hydrologic Features map, identifies the site as contairung a Title 3 and associated Stream Buffers(Figure 4) The location of the on-site stream is consistent with our findings However, tn addition to the stream, PHS identified onsite wetlands associated with the creek and hillside seeps that were not identified on the Title 3 map - Local Wetland Inventory (LWI) maps, such as Tigazd's Title 3 map, are generated by off-site visual observation, as well as limited sampling, in con�unction with the NWI LWI's are generally more accurate than NWI maps but all wetland boundanes are still approximate and all wetlands may not be shown Pacific Habitat Services [nc Wetland Delmeation for Fonner Street Lot Partrt�on #2458 6 =7.+u.n--�'t «, � �' ! t���� �'a .r .! S ,� � f,�'" E �f� % � \`��, PEM�Y�--�� __---,/ POWKtx � , �„ r �rr �� ` � _ � z � 1 f fi30WZ `` +l� � � �, + f � !', �_.�. 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' ;��� ' ` IPEM , - � _ � i� ' � _ i /� ``(/, s � l � � �� � �, r JL r..av � � � .I �� �'� rsc.D F /^ t Y_ j�.. �� , � = �� ����- � � �1 f�� �' �_ ��1 M~ � � 7 �` � \ i � �, �. � 1 � � ��% �I�! Y'� `e � �; �� a � , r � rj u 1P tlS '-,ti,. _� �/� / ' �i(1lll�j � / i�} � � • i ����Ik t `'�� - ,a-• �•f � �i•�� �" D ,{� Y �l„a,_�� js,yi�A �cr � ��\ i �� �t� i � {'oj�� lrlf s � ✓ `"`� a ,� .�y.r/�� '-r --- j- r - �' l� ' as' � � <7 Q ��1 � t i p � r ti t r vr i r� �.'r � � � t� � � Ci 7�,� �r � � � � /' f i- �-r° � �1;�� ws.. F3 ..� i �• � Q�� ,�t ,� - , , _ .� ��0 �- ' � .� r� � '% �'�� ° � � �� �� �b��4 r ..(}C nif 1Q� 'S 4 `� 4t7G 1 r\ { i� - {7QWK x � i � i i� . ✓` j �%t� a � / L s�1 � � ,PEMIY� c i p �" I'�? "�j 4i � °i r"�c'� �l / r `t � 1 Jr / � � � MJ � -' r � �' ��� M1�VI� / �i � r' � r� �C � ��t� �� r � r� ¢f � i J rr S nV� 3 .ri � e ..�� �r,- - {t r y \ ,,,f { w�`t" ;�-B wxzx �T i 1 �� ; � �2 ��� —�l � U , � � v ' G4 �t ' e � � 4 ! ` �,. r � ✓ J�� .� �t s w _ ` '� � /' - �' �t H� '..w c �r �r _ re�f L — �, � f /�.. � PF I�l'' � "_�'�_.;._ .;-� — - Q !1 � iN1Y '/:PFOIY '�% _ �`� 1 6/18/01 2458 National Wetlands Inventory for the proposed Tax Lot partition at 11385 SW Fonner Street in Tigard, Oregon (USFWS, Beaverton, Oregon quadrangle, 1981) FIGURE 3 p"s —pac�tic Hab�tat Serv�ces,Inc � . . , -_ ; _ . : .� -� � r_ �:f EtEA!ISMT . :._ 3 i / � .1. . ..:.. . _ .... � .f. .'. !� . 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'�- , F {�....� �� / ���., ��! `��-'��.�` �:_'� ...� ;.�A'.�: � �,�. y' } �...� - . _ , l :1--^ �}- ,_� !— ,,_ ,.� �•y ` / ,J,I _ t , • ' r i ..,'� i Legend .!( y`�` . _i —i 7 .�.�saa� , � 1 � � Tualatin River �_ ,�,- ' �. ��N �v Title 3 Streams � ' �. � 1, � � �� Title 3 Wetlands � "V � � °�-,. - _��' Title 3 Wetland Buffer � , � �- � , Title 3 Stream Buffers � F}r �- j;� , Cit of Ti ard � '``-�--� ►- r T �;� °" , Y 9 , � ��, = i_�� � � �f.,-� :� �� i i . � � .� . 1 ,� � Area of Interest _s�.��; � ' , _ \ I y� "'� ; { r � � Urban Service Area _ - - � � � ,. ��. '��� ,- � j , `� ' —t---±_ 6118101 2458 Mapped sfiream and wetiands in the vicinity of SW Fonner Street in Tigard, Oregon (City of Tigard Metro Title 3 Hydrologic Features, 1999) FIGURE 4 rxs � _pacific Habitat Services,Inc. � 5 2 Waters of the State and Wetland Conclusions Based on an mvestigation of the three required wetland cntena(wetland hydrology, hydnc soils, and a dominance of hydrophyt�c vegetation), PHS has identified approximately 0 15 acre of potentially�unsdictional wetland and waters of the state assoc�ated with the tnbutary of Summer Creek and its ad�acent floodplam on the northern portion of the property Figure 5 shows the location of potentially�unsdictional wetland, waters of the state, and sample sites on the property Ttus report documents the investigation, best professional�udgment and conclus�ons of the mvestigator It should be considered a Preliminary Junsdictional Determmatton and used at your own nsk until it has been reviewed and approved m wntmg by the Oregon Division of State Lands in accordance with OAR 141-090-0005 through 141-090-0055 , Pacific Habitat Services Inc Wetland Delmeation for Fonner Street Lot Partition-#2458 7 � Summer � �4 wt-n.enms enrn�aear r,� � � �� o�� J�1 � ��N , L£GEND � Potentia//y ✓u��sd�ctiono/ Wetland �2 Somp/e Point ___ — �— — — ---- —�— yry1,f�6VER 571SE�! 0 �0 � It0 3CA1.S IN FSLrf s/2�/o� Potentially �ur�sdictional wetlands, waters of the state FIGURE 2458 and sample points for the proposed Tax Lot partition site at 11385 SW Fonner Street �n Tigard, Oregon (base � 1>HS map provided by DeHaas and Associates. Inc , 2001) � Pacific Habttat Serv�ces Inc , 6 0 REFERENCES City of Ttgard, 1999 Metro Title 3 Hydrologcc Features (map) Munsell Color, 1988 Munsell Socl Color Charts Kollmorgen Corporation, Baltimore, Maryland Oregon Divis�on of State Lands September 1995 Removal-Fall Law (ORS 196 800-196 990) and Removal and Filling in Scenic Waterways (ORS 390 805-390 925) Reed, Porter B , Jr, 1988 National List of Plant Species That Occur�n Wetlands Northwest (Regcon 9) Prepared by the U S Fish and Wildlife Service, St Petersburg, FL NERC- 88/18 37 U S Army Corps of Engineers, Environmental Laboratory, 1987 Corps of Engcneers Wetland Dekneation Manual Techn�cal Report Y-87-1 U S D A , Soil Conservarion Service, 1982 Soil Survey of Wash�ngton County Oregon U S D A , Soil Conservation Service , 1989 Oregon Hydrtc Sotls by Counttes U S F W S National Wetlands Inventory map, Beaverton, Oregon quadrangle Color tn&ared . aenal photography m July, 1981, 1 58,000 U S G S 7 5 Minute topographic map 1961 photorevised 1984 Beaverton, Oregon quadrangle Pac�fic Habrtat Sernces Inc Wetland Delineat�on for Fonner Street Lot Partit�on #2458 8 � A endix A pp Wetland Determination Data Forms � PHS �Wetland Determination Data Form Routine Onsite Method Pac�fic Habitat Serv�ces, Inc Pro�ect Fonner Street Del�neat�on Number 2458 Sample Site 1 Applicant John Stark County Washin ton Date 6/8/O1 Investigators DG/SE Township 2S Range 1 W Section 3 Do Normal Circumstances exist on th�s site� Yes Is the area a potential Problem Area� No Is th�s an Atypical Situation� No Primary Indicators Secondary Ind�cators HYDROLOGY Inundated Ox rh�zospheres Sat m Upper 12" yes H20-sta�ned leaves Depth of Surf H20 Inches Water Marks Local Sotl Survey Depth to Free H20 >13 Inches Drift Lmes FAG Neutral Test Depth to Saturation 2 Inches Sediment Deposits Other Dra�nage patterns �rt,eraa�v„„et es SOILS Mapped Series Cove silty clay loam Hydr�c So�l� Yes Classifcahon Vertic Hapla uolls Drainage Class oorl to ve oorl dramed Depth Matr�x So�l Redoz Concentrahons Other �Iydric So�l (Inches) CO�01' Tezture* CO�OI' abundance/s�ze/contrast Field Indicators COII11TIeIItS 0-6 lOYR 2/2 S 6-8 SY 3/1 SDL 8-13 lOYR 4/1 SDL lOYR 4/6 common/med�um/prominent *SD=Sand SDL=Sandy Loam L=Loam SDCL=Sandy Clay Loam S=Silt SL=S�It Loam SCL=S�Ity Clay Loam CL=CIay Loam C=Clay C%�,��a�e�� ' Y�es��� VEGETATION Tree Stratum ( 20% ) Status % Cover Herbaceous Stratum (60% ) Status % Cover cer macrophyllum* FACU 65 Hydrophyllum tenuipes* 1�1I 20 lnus rubra* FAC 35 Athyrium fthx femina* FAC 45 Lyscchiton amerccanum* OBL 35 Shrub Stratum ( 15% ) Status % Cover cer carccnatum* FAC- 100 Woody Vme Stratum (5% ) Status % Cover Rubus d�scolor FACU 10 Hedera helix UPL 15 Solanum dulcamara* FAC+ 75 'ercent of dommant species FAC, FACW,or OBL 67% ,�'�t�exia��'Ie � �es�� Comments Dete�minatio . �Wet�an'd � � ������ PHS �Wetlaud Determi�ation I)ata Form Routine Onsite Method Pac�fic Habitat Serv�ces, Inc Pro�ect Fonner Street Del�neat�on Number 2458 Sample Site 2 Applicant John Stark County Wash�n ton Date 6/8/O1 Investigators DG/SE Township 2S Range 1 W Section 3 Do Normal Circumstances ex�st on th�s site� Yes Is the area a potential Problem Area� No Is thts an Atypical Situation� No Primary Indicators Secondary Indicators HYDROLOGY Inundated Ox rh�zospheres Sat m Upper 12" H20-stained leaves Depth of Surf H20 Inches Water Marks Local So�l Survey Depth to Free H20 >13 Inches Dr�ft L�nes FAC Neutral Test Depth to Saturat�on >13 lnches Sed�ment Depos�ts Other Dra�nage patterns Ci�teri�a Met. �.,� ,r��� � �To SOILS Mapped Ser�es Woodburn silt loam Hycir�c So�l� No Class�fication Aquultic Argixerolls Dramage Class moderatel well drained Depth Matr�x So�l Redox Concentrahons Other Hydr�c So�l (Inches) Color Texture* Color abundance/s�ze/contrast Fteld Indicators Comments 0-13 lOYR 3/4 SL *SD=Sand SDL=Sandy Loam L=Loam SDCL=Sandy Clay Loam S=S�It SL=SiIt Loam SCL=SiIty Clay Loam CL=CIay Loam C=CIay Criteria Met�`������;�;���No��� VEGETATION Tree Stratum (35% ) Status % Cover Herbaceous Stratum ( 25% ) Status % Cover cer macrophyllum* FACU 45 Polyst�chum munrtum* FACU 35 lnus rubra FAC 15 Hydrophyllum tenucpes* NI 45 Thu�a placata* FAC 30 Ccrcaea alpcna* FAC+ 20 Pseudotsuga menz�esit FACU 10 Shrub Stratum (30% ) Status % Cover Euonymus occcdentalcs UPL 10 Corylus cornuta* FACU 25 Woody Vme Stratum ( 10% ) Status % Cover Prunus laurocerasus NI 15 Rubus discolor* FACU 35 Thu�a plicata* FAC 30 Rubus urstrrus* FACU 25 llex agut olaum UPL 10 Hedera helrx* UPL 40 ercent of dominant spec�es FAC, FACW, or OBL 33% Cr�teria�Met����;xF " �o�'�� �� �W Comments Additional shrub Acer macrophyllasm FACU 10% cover � n-�, �, �� � ��� a Determ�nation���,f�,�,.�'�U'�IandJ� PHS sWetland Determinatioo Data Forrri Routine Onsite Metbod Pacdfic �Iab�tat Serv�ces, Inc Pro�ect Fonner Street Del�neat�on Number 2458 Sample Stte 3 Applicant John Stark County Wash�o ton Date 6/8/Ol Investigators DG/SE Township 2S Range 1 W Sectton 3 Do Normal Circumstances ex�st on th�s s�te� Yes Is the area a potent�al Problem Area� No Is this an Atypical Situation� No Primary Indicators �econdary Indicators HYDROLOGY Inundated Ox rh�zospheres Sat �n Upper 12" yes H20-sta�ned leaves Depth of Surf H20 Inches Water Marks Local Soil Survey Depth to Free H20 0 Inches Drift L�aes FAC Neutral Test Depth to Saturat�on 0 Inches Sed�ment Depos�ts Other ���� � �_� ���. ;-�� � Drainage patterns Cr.�tteria Met � � � �es SOILS Mapped Ser�es Cove silty clay loam Hydr�c So�l� Yes Classification Vertic Haplaquolls Drainage Class oorl to ve oorl drained Depth Matrix So�l Redox Concentrahons Other Hydr�c So�l (Inches) Color Texture* Color abundance/sizelcontrast Field Ind�cators Comments 0-2 lOYR 3/1 SDL masstve 2-5 2 SY 4/2 LSD massive 5-16 lOYR 2/1 SL fine, subangular •SD=Sand SDL=Sandy Loam L=Loam SDCL=Sandy Clay Loam S=Silt SL=S�It Loam SCL=SiIty Clay Loam CL=CIay Loam C=CIay s '3x�n -� '^✓" °'� '�r �r'µ" Cnteria�Met;.�`��'µ������Yess�,� VEGETATION Tree Stratum (0% ) Status % Cover Herbaceous Stratum (90% ) Status % Cover Athyrtum filrx femina* FAC 30 Lyscchtton americanum* OBL 40 Equasetum telmateta* FACW 20 Lemna mcnor OBL 10 Shrub Stratum ( 10% ) Status % Cover cer carcinatum* FAC- 100 Woody V�ne Stratum (0% ) Status % Cover 'ercent of dom�nant spec�es FAC, FACW, or OBL 75% C„'riteria�Met��`�"�, � `Yes���, Comments � ���� � , � r.� �� � Determination wS����y�Wetland� PHS �Wetland Determination Data Form _ RO11�10e ollSlte MetbOd Pac�fic Habitat Serv�ces, Inc Pro�ect Fonner Street Delmeat�on Number 2458 Sam le Site 4 Applicant John Stark County Wash�n ton Date 6/8/O1 Investigators DG/SE Township lS Range 1 W Section 3 Do Normal Circumstances ex�st on this site� Yes Is the area a poterrtial Problem Area� No Is this an Atypical S�tuahon� No Primary Ind�cators Secondary Ind�cators HYDROLOGY Inundated Ox rh�zospheres Sat �n Upper 12" H20-sta►ned leaves Depth of Surf H20 Inches Water Marks Local So�l Survey Depth to Free FI20 >16 Inches Dr�ft Lines FAC Neutral Test Depth to Saturattoa >16 Inches Sed�ment Depos�ts Other Dra�nage patterns Cr�ter�a, et � � SOILS Mapped Ser�es Woodburn s�it loam Hydric Soel� No Class�fication Aquultic Argixerolls Dramage Class moderatel well drained Depth Matrix Soil Redox Concentrat�ons Other Hydr�c Soel (Inches) Color Texture* Color abundance/sizelcontrast F�eld Ind�cators Comments 0-6 orgamcs (duf� 6-10 lOYR 3/3 SDL fine, granular 10-16 lOYR 3/3 SDL med�um, subangular "SD=Sand SDL=Sandy Loam L=Loam SDCL=Sandy Clay Loam S=S�It SL=SiIt Loam SCL=S�Ity Clay Loam CL=CIay Loam C=CIay Criteria�Met�����"����`'�No�'�� VEGETATION Tree Stratum (30% ) Status % Cover Herbaceous Stratum (20% ) Status % Cover cermacrophyllum* �ACU 20 Galtumaparine* FACU 25 Tsuga heterophylla* FACU- 40 Polyst�chum munitum* FACU 60 Thu�a pl�cata* FAC 40 Equ�setum telmateia FACW 15 Shrub Stratum (30% ) Status % Cover lex aqutfolcum* UPL 30 Corylus cornuta* FACU 60 Woody V�ne Stratum (20% ) Status % Cover Prunus laurocerasus NI 10 Rubus urstnus* FACU 20 Hedera heltx* UPL 80 'ercent of dommant s ec�es FAC FACW or OBL 11% Criteri'a�Met� � � ���j�� P , � ��._.m ��� .��N�o� � Comments Dmetermin'`at�on r�s�,K"`�� �� ,' � �� �U land�� . � , /�/i4- F` \?�;, �- � �,, regon Division of State Lands N', :'�`"� �Z� 775 Suminer Street NE,Suite 100 �� ...... ;i� Salem,OR 97301-1279 �� �:�•: ��'-� 9 John A.Kitzhaber,M.D.,Governor (503)37&3805 -$� FAX(503)378-4844 August 21, 2001 http://statelands.dsl.state.or.us State Land Board John Stark John A.Kitzhaber PO Box 23215 Governor Portland, OR 97281-3215 Bill Bradbury Secretary of State Re: Wetland Delineation for Property at 11385 SW Fonner St., Tigard; T2S R1 W S3 TL 900 & 1200; DSL WD# 01-0358 Randall Edwards State Treasurer Dear Nir. Stark: I have reviewed the wetland delineation report for the above site prepared by Pacific Habitat Services. Based upon the information provided, I concur with the wetland delineation shown in figure 5 in the report dated June 26, 2001. The wetlands shown on the map are jurisdictional waters of the state (.14 acres). A state permit is required for fill or excavation of 50 cubic yards or more of material in the jurisdictional areas. This concurrence is for purposes of the state Removal-Fill Law only. Federal or local permit requirements may apply as well. The Army Corps of Engineers will make a determination for purposes of Section 404 of the Clean Water Act at the time that a permit application is submitted. We recommend that you attach a copy of this concurrence letter to both copies of any subsequent joint permit application to speed permit application review. Please be advised that state law establishes a preference for avoidance of wetland impacts. In evaluating a permit application, we must first consider whether there is an analysis of alternatives that avoid or minimize wetland or waterway impacts. Because measures to avoid and minimize wetland impacts may include reconfiguring parcel layout and size or development design, we recommend that you work with Division staff on appropriate site design before completing the city or county land use approval process. l��ie permit coordinator for this area is Colin MacLaren. He can be reached ext. 244. This jurisdictional delineation is valid for a period of five years from the da#e of tt?is !etter or unless new information warrants revision of the delineation before the expiration date. Should additional information be provided or site conditions change, the Division would consider the new information and revise our jurisdictional determination if needed. Sincerely, � ���� Emily Roth, PWS Wetlands Program cc: Shawn Eisner, Pacific Habitat Services, Inc. Duane Roberts, City of Tigard Planning Dept. 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IIR�o�LU 7 � �'n�lt ��� 6/18/01 2458 Location and general topography for the proposed Tax Lot partition site at 11385 SW Fonner Street m Tigard, Oregon (USGS Beaverton, Oregon quadrangle, 1961, photorevised 1984) FIGURE 1 PHS � �pac�fic Hab�tat Serv�ces,Inc i ,, w _ � � � Summer � � � N'E7l.thLlS d7UP�31R!' � I I � � � �� ��� ��� � ��� I I � i I LEGEND � Potentio//y Junsdictiono/ Wet/and �2 Somp/e Point , -- ---�� �--- — --- �.�x sne�r i o ao eo ieo ' SCAIS II�i F�P � s/z�/o� Potent�ally �ur�sd�ct�onal wetlands, waters of the state and sample points for the proposed Tax Lot partition FIGURE 2458 s+te at 11385 SW Fonner Street in Tigard, Oregon (base � ' �,HS map prov�ded by DeHaas and Assoc�ates, Inc , 2001) � Pac�fic Habitat Serv�ces, Inc j i ' � I I I 1 �\\� Fde Number CleanWater�� Services Zs�' Our comm�tment �s clear Clean Water Services Service Provider Letter Jurisdiction Tigard Date July 27, 2001 Map &Tax Lot 2S103AC 900, 1200 Owner John Stark and Kin Ervin Site Address 11385 SW Fonner St Contact Shawn Isner Tigard OR 97223 Address 9450 SW Commerce Circle Proposed Activity Partition Wdsonville, OR 97070 Phone 503-570-0800 This form and the attached conditions will serve as your Service Provider Letter in accordance with Clean Water Services Design and Construction Standards (R&O 007) ' YES � NO ! YES � NO I Natural Resources i Alternatives Analysis ' I Assessment(NRA) � � � � Required � � � � � Submitted i � ; (Section 3 02 5) ' � � � Distnct Site Visit � ❑ f � � � ❑ � ❑ , Date � � Tier 1 Alternatives Analysis � � E I ! � — --� Concur with NRA/or � submitted mformation ` � ' ❑ I Tier 2 Alternatives Analysis � � � � ( 1 Sensitive Area Present � � i ❑ � Concur with Alternatives � ❑ � ❑ � � On-Site ; � Analysis ; � , �� Sensitive Area Present � � ❑ � Vegetated Corridor � ❑ , � , � Off-Site ' I Mitigation Required ; � � � � ; Vegetated Corridor i � I ❑ � � i ❑ Present On-Site , � On-Site Mitigation ; � Width of Vegetated � Varies —see ; Corridor(feet) � attached ma Off-Site Mitigation � � � r.'ordition cf Vege+ats�± � P�ar�ting Plan A;ta�hed f Corndor Marginal/good E i (Enhancement plan must � , be submitted pnor to ( ❑ � i iEnhancement Required E � � construction) i ' ' Encroachment into ' �— � I � I � � RSq T, or Equivalent � ❑ � f � Vegetated Corridor ❑ I � I Re uired � (Section 3 02 4(3)) — � � � Type and Square Footage ; NA , Concur with RSAT or � � � of Encroachment f E Equivalent ❑ ❑ ; Allowed Use � � ' (Section 3 02 4(b)) � ❑ ❑ E Conditions Attached � � � Page 1 of 4 Fde Number ��� This Service Provider Letter does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property In order to comply with Clean Water Services (the District) water quality protection requirements the pro�ect must comply with the following conditions � No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous matenals as defined by Oregon Department of Environmental �uality, pet wastes, �ump��g of materials of any kmd, or other activities shall be permitted within the sensitive area which may negatively impact water quality, except those aliowed by Section 3 02 3 (1), (2), or(3) � No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the vegetated corridor which may negatively impact water quality, except those allowed by Section 3 02 4 (a through h) � The vegetated corridor width for sensitive areas within the pro�ect site shall be a minimum of 73 feet wide, up to 120 feet wide, as measured honzontally from the delineated boundary of the sensitive area (based on a 35—foot setback from the top of ravme) See attached graphic � Prior to any site clearing, grading or construction the vegetated corridor and water quality sensitive areas shall be surveyed, staked, and temporanly fenced per approved plan During construction the vegetated corridor shall remain fenced and undisturbed except as allowed by Section 3 0 4 a and per approved plans � The applicant shall provide the District with concurrence of wetland boundanes from DSL and/or USACE pnor to conducting any land disturbance � Prior to any activity within the sensitive area, the applicant shall gain authorization for the pro�ect from the Oregon Division of State Lands (DSL) and US Army Corps of Engineers (USACE) The applicant shall provide the Distnct with copies of all DSL and USACE pro�ect authorization permits (Needed for stormwater outfall) Page 2 of 4 Fde Number /?r� � The applicant shall submit the final location and design of the stormwater outfall to the District for review and approval � An approved Oregon Department of Forestry Notification is required for one or more trees harvested for sale, trade, or barter, on any non federal lands withm the State of Oregon � For vegetated corridors 50 feet wide or greater, the first 50 feet closest to the sensitive area shall be equal to or better than a °good" corndor condition as defined in Section 3 02 6, Table 3 2 ❑ For vegetated corridors less than 50 feet wide, the entire vegetated corridor shall be equal to or better than a "good" corridor condition as defined in Sectoan 3026, Table32 � Enhancement/restoration of the vegetated corridor shall be conducted either concurrent with or prior to development of the site Enhancement/restoration activities shall comply with the guidelmes provided in Appendix E Landscape Requirements (R&0 007 Appendix E) No supplemental planting required at this time � Pnor to installation of plant materials, all invasive vegetation within the vegetated corndor shall be removed Dunng removal of invasive vegetation care shall be taken to minimize impacts to existing native trees and shrub species ❑ Enhancement/restoration of the vegetated corndor shall be provided in accordance with the attached plantmg plan No plantmg plan required at this time � Prior to any site clearing, grading or construction, the applicant shall provide the Distnct with the requ�red vegetated corridor enhancement/restoratien plan (for removal of invasive species) � Protection of the vegetated corridors and associated sensitive areas shall be provided by the mstallation of fencing between the development and the outer limits of the vegetated corridors � Maintenance and monitoring requirements shall comply with Section 2 11 2 of R&O 007 � Appropriate Best Management Practices (BMP's) for Erosion Control, in accordance with USA's Erosion Control Technical Guidance Manual shall be used prior to, during, and following earth disturbing activities Page 3 of 4 Fde Number �S � Prior to construction, a Stormwater Connection Permit from the District or its designee is required pursuant Ordinance 27, Section 4 B � For any developments, which create multiple parcels or lots �ntended for separate ownership, the District shall require that the vegetated corridor and the sensitive area be contained in a separate tract � The applicant shall notify the District within 72 hours following completion of the vegetated corridor enhancement/restoration activities � Removal of native, woody vegetation shall be limited to the extent practicable � Final construction plans shall clearly depict the location and dimensions of the wetland and the vegetated corndor(indicating good, marginal, or degraded condition) Wetland boundaries shall be marked in the field � The District shall consider this corr�dor to be in good condition due to the prevalence of canopy cover and native species, and therefore shall not require supplemental planting at this time If the applicant proposes future encroachment associated with the vegetated corridor, further analys�s w�ll be required in order to determine the cond�tion in the proposed impact area and may not be allowed � Removal of invasrve non-native species by hand is required in all vegetated corridors rated "good" Replanting is required in any cleared areas larger than 25 square feet � Final construction plans shall include enhancement plans Plans shall include in the details a description of the methods for removal and control of exotic species, and a Maintenance Plan with methods, dates (at least finrice yearly) and responsible party contact information � Should final development plans differ significantly from those submitted for review by the Distnct, the applicant shall provide updated drawings, and if necessary, obtain a revised Service Provider Letter Please call (503) 846-3613 with any questions ��� � �'� Heidi K Berg Site Assessment Coordinator Page 4 of 4 1 � ` � -�- cicHr PocE � � `- � �� - - POWER POLE � i � w�� W.4 TER METER I � � P�— — ,SAN/TARY SEWER �ANL' MANHOL E I II � T �-- --� �c CH�4/N L/NK FENCF i � I � I -�---�-----� WOODEN FENCE f � � °--�� -r-� W/RE WOI/EN �ENCE � I I 20 j> — - - POWER L/NE Sca/e 1"= 40' l EXIST/NG AC P,4�EME/VT 1 Wi4TER SERI//CE L/NES 1 ; I ' i �_---j EXiST/NG CONCRETE � SAN/T,4RY SEWER I � �/�SERliJC£ L/NES � ' � � � ( ' 25 AccESS av�� � I PROPOSED PAVEDI ACCESS I � �C ���'1' / /I����L/n' EASEMENT 5 L4NOSC.4PE L—��—I � DEUIC AT/ONj' �l BUFFER--, I — � N 00 55',37° E 20.�76' —_ _ ' --- _— I _ ,N DO'S9'44° E 259 74' - : _ � --- � �. �� �p 108 127 —` �-R/PR4P FOR �� � EROS/ON CONTiPOL ' f , pl � i � Q Z i�—� —' =_`�°�. —_ — � �---�--r �sQ `� 1 — — — — ' ..� ti W \� i � � —�' 6" ROOF AND �...r--�EGETAT/ON � N` � i r� O � t�('� � � / FOUNDAT/ON CORR/DOR � � � �r � r.� PAIeCEL 1 � DRA/N BOUNGI9RY � � NN � Q Q o�►�r4,Jr,S� SQ FI� � � �� TREES � �,i 1 � �" ��� � ,qa O� ?r .- ' 73 �\ �. O � � � �I 25 � � � � ��1 63 NDUSE �. �� v � �� � �a � FF=?,�6�pp FF�235 50 \ ,� � , ; h ,y-r�;c�4 � �A- -� w � , � o F �- --� �- �� z� � TR.4CT A � I � �'�' c�a��j L 2 ' PARCE'� .3 ---TaEE 16,2,31 S4 FT / �,, ,3� _ i � '�4'' 7,998 SQ FT 10,796 SQ Fj L/NE ry��OS BOUND.4RY \ � Bo 00 � i — N 00'S5'01° E \ - _- s �� ' ; � I 2�,329 N 00'S9'49° E .325 19 — � � � � BAS/S OF BEAR/NG \ I � � � I � I � � � , � � � -- � � � C'�4R�QGE �'� �, � � — I j \ � � . � 1 � 3 I `� 7E �� �n I \ '� i `�--- �" I I 30 30 I I � • � - — - - - - Exp 12/31/O 1 Exp��es �2 31/O 1 � _ rv� SW � 3 3�,, a �.-�- ( I �c n PRn�.. REGISTERED J F � 1 1 �ja � J � � ` r � �1� ` rR G {( � ���I F� F 1 L ` ��F \ � FROM ARB�RSCAPE Ff�{ NO 3609445124 Feb 26 2002 09 36AM P2 �� � �{ C ARBORSCAI'E LTD INC � 3511 N E 109+h Ave Vancouver, WA 98682 503-572-b065 . „,..� February 26,2002 Yohn Stark P O Box 23215 Portland OR 9rf2$1-32]5 FAX# 503-245-3542 t r Dear John, � Enclosed please find a copy of wY report,a copy of the plot pl�n and t�e tree survey � Tt�anic you for the oPPortun�'w work on ttus pro3ect and I hope that it w��l su,ffica to allow the pro3ect to procee�. � � The cost of th�s report is$440 00 (Please consiuler tJr�r letler your�rvorce) �„ The budget for removal of 2 snags and 2 cedar teees is$SQO 00 °, �v The st a one-day/$lwurrs r�$500 QO ' � � � � you, Jolm Birttrell � � , Plepse make chec�payable to John Br�ttrell ' � � . ; ; f � � '�� ; � 1 , < <�, F � ,1`r i r ' s N �� FRpM RRBORSCAPE FRX 1� 3609445124 Feb 26 2002 09 35AM P1 , 1 , ARBORSCA,FE LTD. I�]'C. 3511 NE 109ih Ave ' Vancouver, WA 98b82 503-572-6065 Febru�ry 2b,2002 John Stark P O Box 23215 Port]and�R 9728]-32]5 FAX# 503-245-3542 The£ollowmg Ls a tree preservatioa plan for 11385 SW�onner S�,Tigsrd Q�. � � The trees are to be fenced off wrth 4 foat h�h�fea,cing staked at appmx.6'spacmg amd Rumrwig along the tr�e 1�as showrx on the ad,�ommg p1an. (North of the proposed lots h $rtd south of th�e wooded area) �rom the fi�nce to tI�ce�rth end of the property vuy`{i be called"the root zone"for the � Purpose oftlns pro�ect �Tone of tbe follo�nng tbmgs�s to occur w�hm the root zone.unless othe�vvise n,�ted o No parlang of equtp�of ve�ucles o No dnvmg of eq�t or vehicles o Nerther w�t be atlowed to comgact the soil �� o l�o construc2�on waste fft'o be,d�spose of�n�tlns area ' �, , o No r�raste is to be stored or dumped o Now stockp�g or$0�7 or e '�an�es of grade �� � o No root cuitang There�s to be�ctalied a dram E�m the root tione and tt�is will be the only�xxceptton to the encroac�on the frees. �, 1) Two clead snags may n�eed to be re�oved for the safety of workers in.the a�+ea. , z) The sn�gs ar�ta be rem�ved wrt�out d�sturbmF;th�e ad�o�ag t�ees end the +� remams ar8 to be left on sate 3) Two smaiE cedar trees that are�2"each or less may be rernoved to ailow for trenchmg 4) The.se 2 trees are of law rngor and have decap m the shems so i feet rt�s best to ' remove them rather tbaa run the trench closer to norm unport�t tre�s(larger and , l�altluer trees} ; � , � I� �� � { + t � � � � � i i t �;� ��I i FROMa iARBORSCAPE T FAX NO 3609445124 Feb 26 2002 09 36AM P3 � , , , �,, „ 1 � L 1`�� 5) When the�trces are rem�ved they are to be lefl on sitc rather than d�sposed o£ , r ' 6) Trenchzng is to be performed wxth the s�nallcst piece of equipment that can adequately do the�ob (a rubber tracked smaller track hoe or trencher) � Dunng tl�firenchu�a certafied arbonst r�eds to he on srte to observe and docunaent the tren,c�mg and make s�re that roots a�cut cleanly and no trees are �� � 8) The irench�s to be baGk fiIled as�ately as poss�'ble to mmuntze ro0ts bemg killed by des�►on. ' , 9) The trenc�h�ng stwi�id not be done durmg senously freezmg weathec , , If these gu�delmes are followed i feel confident tbat the tree,s v�n�pose no problems and � th�s nue stand of tr+ees vv71 be preserved for the long foreseeable f�h�re r , f � * �' � JI ��R a���W► ISA#PN-0138 1 � r r , . , , ' TREE TABLE TREE� DIAMETER SPECIEB 60CATIQN �, INCHE� PT�7 �T i�2 � 1 22 Ced�ar 58 8T 4017' 2 30 Cedar 69 47 48.33 � 3 18 Cedar 80 2S� 22 42 4 13 Oa[c 82 67' 16 08' , 5 78 Oak 87.25' 28 50' 6 16 Oak 117 58' 261T 7 16 pak 119 42' 24 92' 8 18 Cedar 78 78' 67 08' 9 16 Cedar 82 82' 68 83 1 a 12 A1det 9233' 8Z'i T , 11 20 Cedar 93 25' �2 33' 42 17 Alder 97 00' �00 - ' 13 7 CedBr 108 75� 11100' 14 8 Cedar 1071 T 98 92' 15 20 Dak 10183' 79 QO'} , 18 14 Cedsr 118 58' 84�9' �' � 17 18 Cedar t2T 5S' 103 0� 18 16 Aider 13a 92' 90 33' 19 14 Ce�dar 13S 00' 89 50' 20 8 Cedar 739 50' 100 25' 21 12 08k 15108' 103 SZ' 22 1g Cedar 159 42' 70175' „ 23 16 Cedar 148 50' 108 83' 24 18 Alder ib3 6T 149 92' 25 18 C�ar 93 76' 75�7' � 26 14 Alder 115 42' 78 iT �� 27 12 Cedar 112 OQ' 70 75' �a 78 Cedar 17�83' 'T2 50' � 28 18 Oak 132 58' 66'SO' 30 7 Gedar 145 08' &4 00' 31 7 Alder 164 8T 891T � 32 12 Oak 952 d8' SQ 50' 33 t8 Oak f S2 08' 80 50' 3e{ 18 08k 162 08' 80 5Q' 35 20 Ced2�r 17183' 110 42' �' 36 12 Oak 185 68' 1181T 37 aa Oak 185 58' 998 77� 38 14 Oak f 77 33' 102 75 � 39 16 Oak 185 25 1Q4 67' 4Q 14 Oak 126$2' 551T ' q� 16 Oak 12S eT 50 5$' q.� 10 08k 140 08 57 33' � 43 14 Alder 140�8` $7 33' qq 16 Oak 140 50' 46 3U' �� , , � � �� - �� � s bd WFiJ� 60 Z00� 9Z Qa� bZTSt�b609� ON XH� �dH�S210H�i W02� i , rt u� ,�i ��. � ` �� f r i �Y�I P� r � � �„ L � � � _ —�� _._ � � c � . . _ z � —' ,, L �' " "_ � fi `� � ; , � � N rl Q1 m � � � � 7 _20 �1 . , 6 37 s � 13 - . � i4 ' � � j 2 � 16���18 �19 30 144 97 3� 31 '� �. 15�� f�26� 9 TREE �INE � � 25 0�o J 27 2S �9 �32,33,34 `s�se �r' � 9, a l TREES � � 8' � I o �'fl '�6', �Q � SENSITIV LANDS � �N `'o '4i '42,43 WETI.ANdS v v . ��� M BUFFER � � 2• � 1 �� � � � �1 �� 6 44 - N f `� 1. 34 l� � �7 209 83' FLAGGED POINT � W T E PL � � � _ � � �� o R -� , _ r. � � ' ` -- ���, � � � y r � rr` ' _ 5 � µ � � >U _� ` ' Pro�ect � �t_,A �7�z (YILP/ RO �� LAND USE APPLIC�rION Date 3/as/c� � COMPLETENESS REVIEW L�J COMPLETE ❑ INCOMPLETE STA DARD INFORMATION � Deed/Title/Proof Of Ownersh�p � , �Impact Study(18 390) �USA Service Provider letter ❑ ❑ # Sets Of Application Matenals/Plans �Pre Application (onference Notes �Envelopes With Postage (Verify Count) PROI�ECT STATISTICS �� uddmg Footprmt Size ❑ %Of Landscapmg On Site ❑ %Of Bwldmg Impervious Surface On Site ot Square Footage PLA DIMENSIONED Buddmg Footprmt ❑ Parking Space Dimensions(Indude Access�ble&B�ke Parkmg) ❑ T�uck loadmg Space Where Appliable ❑ Buddmg Height ❑ Access Approach And Aiste ❑ Visual flearance Tnangle Shown ADD TIONAL PLANS Vicmity Map ❑ Architectural Plan �Tree Inventory ❑ Existmg Conditions Plan ❑ landscape Plan ❑ Site Plan ❑ laghtmg Plan TREE�PLAN/MITIGATION PLAN 0 ❑ ❑ a ADDITIO AL REPORTS (list any speaal reports) u4 a r ❑ S M ❑ ❑ �1�nC� � i ❑ ❑ ❑ RESPONSE TO APPLICABLE CODE SECTIONS ❑ I H 33O((andi0onal Use) ❑ I H 62O(Lgard Tnangle Design Standards) �I B�6S(Of(Slreet Parkmg/loadmg Reqwrements) ❑ I H 34O(Direcmrs Interpretaaon) � I H 63O(Wathington Square Regonal fenter) ❑ I S��S(Sensiuve tands Renew) ❑ I 8 3SO(Planned Developmen� � I H�OS(Aaess/Egreu/Grculauon) ❑ �8�8�(�igns) ❑ I 8 360�ue Develapment Renew) ❑ I 8�I O(Accessory Residenhal Uma) ❑ I8�SS(femporary Use Pemu�) ❑ I S 3�O(Vmances/Ad�usunenu) �I 8�I S(Densily Compufahons) �I H�9O(free Remova� � I S 3EO(Lomng Map/fext Amendments) � I H�ZO(Design Companbihty Standards) �I H�9S�sual qearance Areu) � I 8 3HS(Miscellaneous Pertni�) ❑ I H�ZS(Enmm�menW Per(omunce Smndards) � I S�9�(Water Resaurces(INR)Overlay Dismct) � I E 39O(Deusion Making Procedures/Impact Smdy) ❑ I E�3O(Excephons To Development Standards) ❑ I S�98(Wireless Commumation Faalmes) Q �I H 4I O(lnt�ne Ad�usonenn) ❑ I S�4O(Hiswnc Overlay) �rH S I O(Street 8 Uhhry Improvement Standards) U� 18 420(ta�d Paroea�:) ❑ I8�4�(Home Ocmpahan Pemuts) ❑ I E 43O(Subdmsions) ❑ I H�4S(Landstapmg&Sueemng Standards) � I E S I O(8esiden6al 2oning D�smc�) ❑ I H�SO(Manu(acWred/Mobil Home Regulaaons) ❑ I H S2O(Commeraal loning Dismcu) ❑ I S�SS(Mixed SoGd WufelNerydmg Srorage) � I E S3O(Indusmal lomng Dismcts) ❑ I H T6O(Nomm�(ormmg Simaaons) ADDITIONAL ITEMS S I lcurpin\masters\revised\land use application completeness review dot REVISED 17 Jan 01 PUBLIC FACILITY PLAN Pro�ect vella Opus MLP COMPLETENESS CHECKLIST Date 3/12/02 GRADING � Existing and proposed contours shown � Does proposed grading impact ad�acent parcels� ❑ Yes � No � Ad�acent parcel grades shown STREETISSUES � Right-of-way clearly shown � Centerline of street(s) clearly shown � Street name(s) shown � Existing/proposed curb or edge of pavement shown ❑ Street profiles shown Na ❑ Future Street Plan Must show street profiles, topo n/a on ad�acent parcel(s), etc ❑ Traffic Impact Report n/a � Street grades compliant� � Street widths dimensioned and appropnate� � Private Streets� Less than 6 lots and width appropriate� ❑ Other SANITARY SEWER ISSUES � Existing/proposed lines shown ❑ Stubs to ad�acent parcels required/shown? n/a WATER ISSUES � Existing/proposed lines w/sizes noted� ❑ Existing/proposed fire hydrants shown� � Proposed meter location and size shown� ❑ Proposed fire protection system shown� STORM DRAINAGE AND WATER QUALITY ISSUES � Existing/proposed lines shown� ❑ Preliminary sizing calcs for water quality/detention n/a provided� ❑ Water quality/detention facility shown on plans� n/a ❑ Area for facility match requirements from calcs� n/a ❑ Facility shown outside any wetland buffer� n/a ❑ Storm stubs to ad�acent parcels required/shown� n/a The submittal is ere eemed � COMPLETE ❑ INCOMPLETE By Date March 12. 2002 REVISED 03/12/02 � t April 1, 2002 ,� �� � PO Box 23215 �'� �� T'� � Portland, OR 97281 ��E��� RE Ervin/Stark Partiition MLP2002-00002 and SLR2002-0000 Letter of Completeness Dear Mr Stark The City of Tigard received your application submittal for a Minor Land Partition and Water Resources Overlay on March 5, 2002 The development site is located at 2S103AC, Tax Lot 00900 This letter is to inform you that your application has now been deemed complete and is scheduled for public review You can expect a decision on your pro�ect around May 9, 2002 If you have any questions, please contact me at (503) 639-4171, x388 Sincerely, D�'�C �i Brad Kilb ��� Y Associate Planner cc Land Use Casefile No MLP 2002-00002 and SLR 2002-00005 13125 SW Hall Blvd Tigard OR 97223(503)639-4171 TDD (503)684-2772 . � �_� CITY OF TIGARD , PRE-APPLICATION CONfERENCE NOTES �an��o.��, Com�nunity�peve(opment (Pre-Applicatian Meetin Notes are Yalid for Six (6) Months) S��r���=�r���mu�t�� -� � � �;ti �- RESIDENTIAL PAf-APP.MTG.DAiE: SiAFf AT PAE-APP.: ��_�-- APPLICANT: T��Y� �.f v��r� AGENT: �.n �a�..� Phone: (�G�),��0 - S 3��'� Phone: (�3) S�0 -I 9 aS PROPERTY LOCATION: ADDRESS/GENERAL LOfATION: � I .3F3 S SW �c�r�r�, TAX MAP(S)/LOT #(S): �1_03�C O I a 0� d �S 10`3/� C, b 0 4 0 b NECESSARY APPLICATIONS: _ �l V' i`1i / � ✓� � �v � V w +�-� 'In/' e� w. PROPOSAL DESCRIPTION: ��,���:��, � -� b��k � b„ a �.�,.�v. a�.� �y+rr�.� c� Q�xr��.�.4 - �+..�n sv ti b�.����i �u ('E.a,� �.s� i✓e�e � �O�S�4`t ��.!c�2 G�41�].��.m a.r.�t� _ COMPREHENSIVE PLAN MAP DESIGNATION: �-OW ve.v��, K�.�c,�9��� ZONING MAP DESIGNATION: ��} ��� CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA:��'�,Lr� IONING DISTRICT OIMENSIONAL REQUIREMENTS [Refer to Cade Section 18. S 1� ) MINIMUM LOT SIZE:�� 5'��� sq. ft. Average Min. lot width: 5� ft. Max. building height: 3b ft. Setbacks: Front� ft. Side_ r ft. Rear I� ft. Corner j� ft. from street. MAXIMUM SITE COVERAGE: �% Minimum landscaped or natural vegetation area:�%. NEIGHBORHOOU MEETING (Refer to the Neighborhood Meeting Handoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE APPROPRIATE CIT FACILITATOR, AND THE MEMBERS OF ANY LAND USE � � SUBCOMMITTEE(S) of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to submittin�vour ap�lication or the application will not be accepted. * NOTE: In order to also prelimina�ily address building code standards, a meeting with a Plans • Examiner is encouraged prior to submitfal of a land use application. qTY OF TIGARD Pre-Appliation Coniereate Notes Page I of 10 t�,�iW y�,��m,�..�a.n�.s�nw� NARRATIVE [Refer to Code Chapter 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to � consider an application incomplete and delay review of the proposal. The applicant should review the code for applicable criteria. IMPACT STUDY [Refer to Cade Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type � of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ACCESS [Refer to Chapters 18.705 and 18.7651 � Minimum number of accesses: � Minimum access width: Z� � Maximum access width: ._� Minimum pavement width: �� WALKINAY REQUIREMENTS [Refer to Code Chapter 18.7051 � Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each i residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. RESIUENTIAL OEHSITY CALCUlATION [Refer to Code Chapter 18.1151-SEE EXAMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting c�—� th Ilowing land area(s) from the qross site area: c� D �S 7 c� 6'ZQ-�— A l l s i t i v e l a n d s a r e a s i n c l u d i na: - � � !O � ➢ Land within the 100-year floodplain; � �— �,5�� r � ➢ Slopes exceeding 25%; _ � ➢ Drainageways; and � 3, � ��' - ,Wetlands for the R- - - ,_R-4�5_and R-7 zoning districts. �X, �µ�� �µ�fs u ic ng t-of-way dedication: �, eS� �`o� j�o ➢ Single-family allocate 20% of gross acres for public facilities; or 6�� ➢ Multi-family allocate 15°/a of gross acres for public facilities; or 6e s4 ➢ If available, the actual public facility square footage can be used for deduction. __._� _._ .- i .__.__ E}�AMPLE OF RESIDENTIAL OENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20%)for public right-of-waX 6.534 sq. ft. (15%)for public right-of-way NET: 34,848 square feet NET: 37,026 square feet — 3.050 (minimum lot area) - 3.050(minimum lot area) _ . mts er cre = . nits er cre �fie Oevelapmem Cede requirea that t�e net site uea exist for the aextwhele dwelling unit NO 60UN�ING UP IS PERMITTED. *Minimum Proiect Oensity is 809G�f the maximum allowed density.TO DETERMINE THIS STANOARO,MULTIPLY i11E MAXIMUM NUMBES OF UNITS BY.B. CIT9 Of TIGARD Pre-Applintion{onferznce Notes Page 2 0(10 �ur�w.m,�.�o�..sn,a. SPECIAL SETBACKS [Refer ta Cade Sec6on 18.7301 ➢ STREETS: �''�D feet from the centerline of V�.�E'� ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family � residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable toning district for the pnmary structures'set�ack repuirements.l FLAG LOT BUILDING NEIGNT PR IReler to Code Chapter 18.7301 MAXIMUM HEIGHT O 1'/z STORIES or 25 feet, hichever is less in most zones; 2'/z stories, or 35 � feet in R-7, R-12, R-25 i e that the standards of Section 18.730.010.C.2 are satisfied. BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 . In order TO INCREASE �'RIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VtSUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may onlv be occupied by �� �1� vegetation, fences, utilities, and walkways. Additional information on required buffer area materials , � and sizes may be found in the Development Code. �G"�'� � The ESTIMATED REQUIRED BUFFER WIDTHS a�plicable to your proposal area are: � �e�a� � feet along north boundary. d feet along east boundary. ��� feet along south boundary. � feet along west boundary. ►.�L� � IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: �J.,- LANOSCAPING [Refer to Code Chapiers 18.745,18.165 and 18.7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the right-of- � way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the � branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. RECYCLING [Refer to Code Chapter 18.T551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. ' QTT OF TIGARp Pre-Applintion(oaterentt Notes Pige 3 a(10 ksdeue Appkna.RW�w�a.on.Lnwn PARKING [Refer to Code Chapters 18 765 a 18 7051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED ➢ Single-family Requires One 1 off-street parking space per dwelling unit, and One �1; space per unit less than 500 square feet ➢ Multiple-family Requires 1 25 spaces per unit for 1 bedroom, 1 5 spaces per unit for 2 bedrooms and 1 75 spaces per unit for 3 bedrooms � Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES Parking stalls shall be dimensioned as follows ➢ Standard parking space dimensions 8 feet 6 inches X 18 feet 6 inches ➢ Compact parking space dimensions 7 feet 6 inches X 16 feet, 6 inches ➢ Handicapped parking All parking areas shall provide appropriately located and dimensioned disabled person parking spaces The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA) A handout is available upon request A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted BICYCLE RACKS [Refer to Code Sect�on 18 7651 BICYCLE RACKS are required FOR MULTI-FAMILY COMMERCIAL AND INDUSTRIAL DEVELOPMENTS Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations SENSITIYE LANUS [Refer to Code Chapter 18 7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND Staff will attempt to preliminary identify sensitive lands areas at the pre- � application conference based on available information HOWEVER, the responsibility to preaselX identify sensitive land areas. and their boundanes. is the responsibility of the a�plicant Areas meeting the definitions of sensitive lands must be clearly indicated on�lans submitted with the development application Chapter 18 775 also provides regulations for the use, protection, or modification of sensitive lands areas RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS STEEP SLOPES [Refer to Code Sec�on 18 715 080 C) � When STEEP SLOPES exist prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code � Section 18 775 080 C The repo�t shall be based upon fleld exploration and investigation and shall mclude specific recommendations for achieving the requirements of Section 18 775 080 C UNIFIED SEINERAGE AGENCY[USA]BUfFER STANOAROS [Refer to R s�0 96-44/USA Regulations-Chapter 31 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a � vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive � � area � � Des�gn Cntena � �K�� The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area The following table �� a� identifies the required widths 11�� a� e�� (ITY OF TIGA Pre Applinuon(an(erence Notes Page 4 0(10 Atfdrnwl ApphatanRLnnni Dmsnn kaan 1,�,dLE 3 1 VEGETATED CORRIDOR�v�vTHS SOURCE USA DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION 8 ORDER 96-44 Y �` ` �� SLOPE ADJACENT� - _ �WIDTH OF VEGETATED'��� SENSITIVE AREA DEFINITION TO SENSITIVE AREi4° ``CORRIDORSPER SIDE�� > � � . Streams with intermittent flow draining <25% � 10 to <50 acres 15 feet � >50 to <100 acres - 25 feet • Existing or created wetlands <0 5 acre 25 feet • Existing or created wetlands >0 5 acre <25% 50 feet • Rwers streams and spnngs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and onds i . Streams with intermittent flow drainmg �25% � 10 to <50 acres ' 30 feet 1 >50 to <100 acres 50 feet • Existing or created wetlands >25% Vanable from 50-200 feet Measure • Rivers streams and spnngs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draming >100 acres point to the top of ravine (break in . Natural lakes and ponds <25% slope) add 35 feet past the to of ravine6 Starting point for measurement = edge of the defined channel (bankful Flow) for streams/nvers delineated wetland boundary delineated spring boundary and/or average high water for lakes or ponds whichever offers greatest resource protection Intermittent spnngs located a minimum of 15 feet within the nver/stream or wetland vegetated corndor shall not serve as a starLng point for measurement s SVegetated corridor averagmg or reducLon is allowed only when the vegetated corridor is ceriified to be in a marginal or degraded condiUon 6The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor The 35 feet may be reduced to 15 feel if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of rawne Restnctions in the Vegetate Corridor NO structures development, construction activities, gardens lawns application of chemicals dumping of any materials of any kmd or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor except as provided for �n the USA Design and Construction Standards Location of Vegetated Corridor IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corndor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit USA Service Provider Letter PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a USA Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements If there are no sensitive areas, USA must still issue a letter stating a USA Service Provider Letter is not required SIGNS [Refer to Code Chapter 18 7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard A "Guidelines for Sign Permits" handout is avadable upon request Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application Alternatively, a Sign Code Exception application may be filed for Director s review TREE REMOYAL PLAN REQUIREINENTS [Refer to Code Sect�an 18 790 030 CJ A TREE PLAN FOR THE PLANTING REMOVAL AND PROTECTION OF TREES prepared by a certifred arborist shall be provided for any lot, parcel or combination of lots or parcels for which a T � development application for a subdivision partition, site development review planned development or conditional use is filed Protection is preferred over removal where possible qiY OF TIGARD Pre Appluatian(anterence Notes Page S of 10 1adrn�ul ApplwtwolP�nnm�Dnnnn kaan �� � � . � �' , � - � � � � � 1�� � �- �' �9 �� 1�� �� �,� (- � ,-- , ` � , � ,----- � � � � , ;� ',� � � I �'�� ��� ', ,�� � � � � � I � � _:�-1- ,1� � ' j ._.__ J' __ -�_'____-•___• - - • i . �. � • ; � - � _- � I I � / THE TREE PLAN SHA�� INCLUDE the following ➢ Identification of the location size and species of all existing trees including trees designated as significant by the City ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper Mitigation must follow the replacement guidelines of Section 18 790 060 D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots ♦ Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18 150 070 D of no net loss of trees, ♦ Retainage of from 25 to 50°/o of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18 790 060 D , ♦ Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18 790 060 D , ♦ Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation, ➢ Identification of all trees which are proposed to be removed, and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18 790 060 D MITIGATION [Refer to Code Sechon 18 790 060 EJ REPLACEMENT OF A TREE shall take place according to the following guidelines ➢ A replacement tree shall be a substantially similar species considering site characteristics ➢ If a replacement tree of the speaes of the tree removed or damages is not reasonably � available the Director may allow replacement with a different species of equivalent natural resource value , ➢ If a replacement tree of the size cut is not reasonably available on the local market or would � not be viable the Director shall require replacement with more than one tree in accordance with the following formula ♦ The number of replacement trees required shall be determined by diwding the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees If this number of trees cannot be viably located on the sub�ect property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to matunty IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director elect to compensate the City for its costs in performing such tree replacement CLEAR YISION AREA [Refer to Code Chapter 18 7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND � EIGHT (8) FEET IN HEIGHT at road/driveway road/railroad and road/road intersections The size of the required clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area (IiY OF TIGARD Pre Applicauon(on(erence Notes Page 6 of 10 Aetident�I ApplKUan/Pl�nnm�Dnnnn ktt w WATER RESOURCES OVERLAY DISTRICT [Refer to Code Secuon 181910301 The WATER RESOURCES (WR� OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory Specifically, this chapter allows reasonable economic use of property while establishing clear and ob�ective standards to protect significant wetlands and streams, limit development in designated npanan corndors, maintain and enhance water quality, maximize flood storage capacity, preserve native plant cover, minimize streambank erosion, maintain and enhance fish and wildlife habitats, and conserve scenic, recreational and educational values of water resource areas Safe Harbor The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbo�" provisions of the Goal 5 administrative rule (OAR 660, Division 23) These provisions require that "significant" wetlands and riparian corridors be mapped and protected The Tualatin River, which is also a °fish-beanng stream,° has an average annual flow of more than 1000 cfs � Ma�or Streams Streams which are mapped as 'FISH-BEARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs) ➢ Ma�or streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS) AND BALL CREEK Minor Streams Streams which are NOT "FISH-BEARING STREAMS' according to Oregon Department of Forestry maps Minor streams in Tigard include Summer Creek, Derry Dell Creek Red Rock Creek North Fork of Ash Creek and certain short tributaries of the Tualatin River Riparian Setback Area This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETIAND, whichever is greater The ripanan setback is the same as the "riparian corridor boundary in OAR 660-23- 090(1)(d) ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter � ➢ ISOLATED WETLANDS AND MINOR STREAMS (Including ad�acent wetlands) have no riparian setback, however, a 25-foot "water quality bufife�' is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard RIPARIAN SETBACK REDUCTIONS [Refer to Code Sect�on 18 7911001 The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified ma�or stream resources is ensured through streambank restoration and/or enhancement of npanan vegetation in preserved portions of the nparian setback area Eligibility for Riparian Setback in Disturbed Areas TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that the riparian corndor was substantially disturbed at the time this regulation was adopted This determination must be based on the Vegetation Study required by Section 18 797 100 that demonstrates all of the following Y Native plant species currently cover less than 80% of the on-site riparian corridor area ➢ The tree canopy currently covers less than 50% of the on-site ripanan corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years, ➢ That vegetation was not removed contrary to the provisions of Section 18 797 100 regulating removal of native plant species GTY OF iIGARD Pre Appli�auon(on(erence Notes Page 1 of 10 Itndenwf AppLu�wn/Plmnm�Dnu�on kttmn ➢ That there will be no infringement into the 100-year flooap�ain; and ➢ The average slope of the riparian area is not greater than 20%. FUTURE STREET PUIN AND EXTENSION Of STREEi'S [Refer to Code Section 18.810.030.FJ A FUTURE STREET PLAN shall: Y Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boun ane of the � proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. ADDITIONAL LOT OIMENSIONAL REQUIREMENTS [Refer to Cade Section 18.810.060] MINIMUM LOT FRONTAGE: 25 feet unless lot is created throu h the minor land arti ' ess. s created as par�"of"a p m of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/� TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/� times the minimum lot size of the applicable zoning district. BLOCKS [Referto Code Section 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS / I 8330�c�,a�o��i u�� 18 20�r��d r��n��s�a�as� ��S(OH-Sveet Pukingno�ding Aequiremenu) _ I 8_340�a���,«�ua�� I 8.630�v�n���syuM kgional(tno� 18.175�oK t�ds�rKw� I 8.350(v�ned Devebpment) I 8.105(access/Egress/GraU000) I 8.180(�g�� _ I 8.360�«o�,�w������� �l I 0(Accessory kside�6�IMin) �785(i�Rqonry use Per�a� —_ I 8.310(Yuimces/Adwsane�e�) I H.71 S(Dens�ry(ampua6ons) 190(�ree Ae��► ��.38�(loning M�p/fat Amendmena) �.]2�(Design fomp�obi4ry Snnduds) �795(Ywal(kumce Areu) I 8.385�n�u�a�a:r���� I A.J�S(Ennronmmhl Periamunce Shnduds) I E.J97(Wuer Resources(WR)Orerlar Disaitt) _- I H.39O(Deosion M�ng Proudures/lmp�a Sadr) I E.T3O(Excepoons To Development Snndards) �$�rzkss(onmunin6on F�oliva) � I HA I O(Lat�ne Adjusanenn) �8.�4�(Nistonc Oved�y) I S.BI O(Street 6 Iloliry Improvement Sanduds) I H.42O(l�nd Puooans) ,�_ I 8.742�xo�,e ocaP�oo�ve�a► -� I 8.430�na�n���� � I 8.745(t�dsc�mg 3 scRe�i�g s��dud:� �8.5�0(Residenu�l lonmg Distrirn) —.L I S.1 SO(Mmu(�caircd/Hobil Nane Regul�bons) _--- �B.S��((wmiera�l Immg Dismca) -- �$.]S5(Miced Solid Wuu/Reryding Stonge) �8.53�(Indusonil lmmg Districb) — �8.16�(Nonconfamng SiN�oons) CIP!OF iIGARD P�e-Appliotion Con(erenu Notes Page 8 0(10 R�sdmad Applwtae/Pliaan�Orvnne kttwn QODITIONAL CONCERNS OR COMMENTS: � i �t� � t.✓ `vt �' �t i � esvccvl� � t �Q V'I�° 11�1 � � � � !.t , Gl. � �� a r ��e �ss 7— e i 11 . - ri rcx � � ` ' �.�e ���� I�PVr`row PROCEDURE/ � Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER af the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Plannina Division acceptance may be returned. The Plannina counter closes at 4•00 PM Maps submitted with an application shall be folded IN ADVANCE to 8 5 by 11 inches One (11 8'/z" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Abplication with unfolded maps shall not be accepted The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials ar.e required. pTY Of iIGARO Pre-Applwtion(on(erence Notes Page 9 of 10 � tesde�tul Appli��ea/PW�..K ansaa kaw The administrative deas�on or public heanng will typically occur dpproximately 45 to 60 days after an application is accepted as being complete by the Planrnng Division Applications involving difficult or protracted issues or requiring review by other �urisdictions may take additional time to review Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing A 10-day public appeal p�eliod follows all land use decisions An appeal on this matter would be heard by the Tigard 1'1��1�q S ��ced� A basic flow chart which illustrates the review process is avail le from the Planning Division upon request Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City stafF and prospective applicant to discuss the opportunities and constraints affecting development of the site SUBDIVISION PLAT NAME RESERVATION [County Surveyor's Office 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard applicants are re uired to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/resenration for any subdivision name Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED F�nal inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval These pre-application notes do not include comments from the Bu�lding Division For proposed buildings or modifications to existing buildings, �t is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed Additionally, with regard to Subdivisions and Minor Land Part�tions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the City s policy is to ap�lv those system development credits to the first buildinc�permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED) PLEASE NOTE The conference and notes cannot cover all Code reqwrements and aspects related to site planning that should apply to the development of your site plan Fadure of the staff to provide information reqwred by the Code shall not constitute a waiver of the applicable standards or reqwrements It is recommended that a prospectrve applicant either obtain and read the Commum Develo ment Code or ask an uestions of Ci staff relative to Code re uirements nor to submittin an a lication AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division) PREPARED BY ��'��"� �Du� fITY OF TIGARD PLANNING DIVISION AAFF PERSON HOLDING PRE APP MEETING PHONE (503) 639 4111 FAX (503) 684 1297 E MAIL (suH's Gat namelC�a I�gard or us TOTLE 18(CITY OF TIGARD S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS c�t�gard or us H�patty�masteR\Pre App Notes Residential doc Updated 18 Jan 2001 (Engmeenng secuon preapp en� QiV OF TIGARD Pre Appliauon Conference Notes Page 10 of 10 ktdmtul IipplK�UOn/P�onm�Dnuca SMion w � CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in con�unction with the notes provided to you at the pre- aaplication conference This checklist identifies what is required for submittal of a complete land use application Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171 Staff evl� pGcH Date Sl�l�� 1 BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING � Completed Application Form with property owner s signature or name of agent and letter of authorization � Title transfer instrument or grant deed � Wntten summary of proposal � Narrative demonstrating compliance with all applicable development standards and approval cntena (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped addressed #10 envelopes for all owners of property within 500 feet of the sub�ect property Mading envelopes shall be standard legal-size (#10) addressed with 1" x 4" labels (see envelope submittal requirements) Property owner mailmg lists must be prepared by the City for a minimal fee (see request for 500' property owner ma�ling list form) � Documentary evidence of neighborfiood meeting (if required) � Impact Study per Section 18 390 040 B 2 (e) � Copy of the Pre-Application Conference notes � Fding Fee 2 PLANS REQUIRED In addition to the above basic infoRnation, each type of land use application wdl require one or more of the following maps or plans PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides detads on what informataon to include on each plan) L��icinity Map L9'�reliminary Gradmg/Erosion Control Plan C� Existmg Conditions Map Q'/�reliminary Utdities Plan ❑�ubdivision Preliminary Plat Map L�]'�reliminary Storm Drainage Plan [9' Preliminary Partition/Lot Line Ad�ustment Plan Lof Tree Preservation/Mitigation Plan � Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings � ❑ Public Improvements/Streets Plan � 3 NUMBER OF CORIES REQUIRED The City reqwres multiple copies of submittal materials The number of copies required depends on the type of review process FOF�AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES _�_ COPIES OF ALL APPLICATION MATERIALS C�ty of Tigard Land Use Application Checklist Page 1 of 5 1 4 SPECIAL STUDIES A��O REPORTS Because of the nature of your pro�ect and/or the site you propose to develop THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED These studies must be prepared by certified professionals with experience in the appropnate field � ❑ Traffic Study ❑ Local Streets Tra�c Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facdity O Geotechnical Repo�t ❑ Other 5 PREPARING PLANS AND MAPS Plans and maps should be prepared at an engmeenng scale (1" = 10/20/50/100/200) and include a north arrow, legend and date The same scale should be used for all your plans Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet Architectural �Jrawings may be prepared at an architectural scale One copy of each plan must be submitted in photo-ready 8%z x 11 format THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you subm�t do not include all of the �nformation requested because you feel it is not applicable please indicate this and provide a brief explanation) Vicinity Map � Showing the location of the site in relation to • Ad�acent properties ❑ . Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utdity access ❑ Existing Conditions Map � Parcel boundanes d�mensions and gross area ❑ � Contour lines (2 intervals for 0-10% siopes or 5 for slopes >10%) ❑ � Drainage patterns and courses on the site and on ad�acent lands ❑ � Potential natural hazard areas including • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25°/a ❑ • Unstable ground ❑ • Areas with severe sod erosion potential ❑ • Areas having severely weak foundation sods ❑ • Locations of resource areas inciuding ♦ Wddlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ � Other site features • Rock outcroppings ❑ • Trees with >_6 caliper measured 4 from ground level ❑ � Location and type of noise sources ❑ � Locations of existing structures and their uses ❑ � Locations of exisXing utdities and easements ❑ City of Tigard Land Use Application Checklist Page 2 of 5 � � � Locations of existing dedicated r�ght-of-ways � Subdrvision Preliminary Plat Map � The proposed name of the subdivision � I � Vicirnty map showing property s relationship to artenal and collector streets � � Names addresses and telephone numbers of the owner developer engineer surveyor and designer�as appi�cabie> � � Scale north arrow and date � � Boundary lines of tract to be subdivided � Names of ad�acent subdivisions or names of recorded owners of ad�oining parcels of un-subdivided land � � Contour lines related to a City established benchmark at 2 intervals for 0-10% grades and 5 intervals for grades greater than 10% ❑ � The purpose location type and size of all of the following (withm and ad�acent to the proposed subdivision) • Public and private nght-of-ways and easements � • Public and private sarntary and storm sewer lines � • Domestic water mains including fire hydrants � • Ma�or power telephone transmission lines(50 000 volts or greater) � • Watercourses � • Deed reservations for parks open spaces pathways and other land encumbrances � • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level � • The location of all structures and the present uses of the structures and a statement of which stn.�ctures are to remain after platting � � Supplemental information including • Proposed deed restrictions (if any) � • A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings wetlands and marsh areas � The proposed lot configurations lot sizes and�dimensions and lot numbers Where lots are to be used for purposes other than residential it shall be indicated upon such lots ❑ � If any of the foregomg information cannot practicably be shown on the preliminary plat it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary Partition/Lot Line Ad�ustment Plan � The owner of the sub�ect parcel ❑ � The owner s authonzed agent ❑ � The map scale no�th arrow and date ❑ � Proposed prope�ty lines ❑ � Description of parcel location and boundaries ❑ � Contour lines (2 intervals for slopes 0-10°/a or 5 for slopes >10°/a) ❑ � Location,width and names of streets easements and other public ways within and ad�acent to the parcel ❑ � Location of all permanent bwldings on and within 25 of all property lines ❑ � Location and width of all water courses ❑ � Location of any trees with 6"or greater caliper at 4 above ground level ❑ � All slopes greater than 25% ❑ � Location of existing and proposed utdities and utdity easements ❑ � Any applicable deed restrictions ❑ � Evidence that land partition wdl not preclude efficient future land division where applicable ❑ � Future street extension pian showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 Site Development Plan � The proposed site and surrounding properties � � Contour line intervals � � The locations dimensions and proposed names of the followmg • Existing and platted streets and other public ways � • Easements on the site and on ad�oirnng properties � • Proposed streets or other public ways and easements on the site � . Alternative routes of dead-end or proposed streets that require future extensions � � The locations and dimensions of the following • Entrances and exits on the site � . Parking and circulation areas � • Loading and service areas � • Pedestnan and bicycle circulation � • Outdoor common areas � • Above ground utdities � • Trash and recyclable material areas � � The locations dimensions and setback distances of the following • Existing permanent structures improvements utdities and easements which are located on the site and on ad�acent property within 25 of the site � • Proposed structures improvements utdities and easements on the site � . Sarntary sewer facdities � • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facdities and analysis of downstream conditions ❑ � Locations and type(s)of outdoor lightmg considering cnme prevention techniques ❑ � The locations of the following . All areas to be landscaped ❑ • Mailboxes � . Structures and their orientation ❑ Landscape Plan � Location of trees to be removed ❑ � Location size and species of existing plant matenals ❑ � General location size and species of proposed plan materials ❑ � Landscape narrative that addresses • Sod conditions and how plant selections were derrved for them ❑ • Plans for sod treatment such as stockpiling the top sod ❑ ♦ Erosion control measures that wdl be used ❑ � Location and description of the irngation system where applicable ❑ � Location and size of fences buffer areas and screening ❑ � Location of terraces decks shelters play areas and common open spaces ❑ Public Improvements/Streets Plan � Proposed right-of-way locations and widths ❑ � A scaled cross-section of all proposed streets plus any reserve strips ❑ � Approximate centerline proFles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 A � Grading/Erosion Control Plan � The locations and extent to which grading wdl take place � � Existing and proposed contour lines � � Slope ratios � Utilities Plan � Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans � � Plan of the proposed water distnbution system showing pipe sizes and the locations of valves and fire hydrants � Preliminary Storm Drainage Plan � The location of all areas sub�ect to inundation or storm water overflow � � Location width and direction of flow of all water courses and drainageways � � Location and estimated size of proposed storm drainage lines � � Where applicable location and estimated size and dimensions of proposed water quality/detention facdity � Tree Preservation/Mitigation Plan � Identification of the location size and species of all existing trees ❑ � Program to save existing trees or mitigate tree removal (Section 18 790 030) ❑ � A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings � Floor plans indicating the square footage of all structures and their proposed use ❑ � Elevation drawings for each elevation of the structure ❑ Sign Drawings � Specify proposed location size and height ❑ i\curpin�mastersUev�sed\checklist doc 5 Jun-00 City of Tigard Land Use Appl�caUon Checklist Page 5 of 5 PRE-APPLICATIOH CONFERENCE NOTES ➢ ENGIHEERING SECTIOH Q ����omm88�d'0�eg00 Development Shaping A Better Communit PUBLIC FACILITIES Tel(Mep[Sl 2S103AC Tex lot[sl 900 81200 Use lyme MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and sub�ect to approval by the appropnate authonty There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application The following comments are a pro�ection of public improvement related requirements that may be required as a condition of development approval for your proposed pro�ect Right-of-way dedication The City of Tigard requires that land area be dedicated to the public (1 ) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code, or (2 ) For the creation of new streets Approval of a development application for this site will require right-of-way dedication for � SW Fonner Street to 30 feet from centerline (minor collector) ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee CIIY OF TIGARD Pre-Appllcatlon CoNerence Notes Page 1 of 6 EngloeeNnBUeperm�eotSeetloo ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk CRY OF i16ARD Pre-Appllcatlon Comerence Notes Page 2 ot 6 FngloeeHnB Oepartmeot Saetloo ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other Agreement for Future Street Improvements In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district The following street improvements may be eligible for such an agreement (1 ) SW Fonner Street(poss�bly) �2 ) Overhead Utility Lines � Section 18 810 120 of the Tigard Municipal Code (TMC) requires all overhead utility lines ad�acent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid This requirement is valid even if the utility lines are on the opposite side of the street from the site If the fee in-lieu is proposed, it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines There are existing overhead utility lines which run ad�acent to this site along SW Fonner Street Prior to approval of the final plat, the applicant shall either place these utilities underground, or pay the fee in-lieu descnbed above Sanitary Sewers The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Fonner Street ad�acent to the sub�ect site The proposed development must be connected to a public sanitary sewer It is the developer's responsibility to extend sewer lateral(s) to serve any new lots Pnor to review and approval of the final plat, fhe appl�cant w�ll at least be requ�red to obtam a Street Open►ng Perm►t that would allow the taps to the main sewer l�ne and extension of the new lateral(s) to fhe property line The work �tself would not have to be complefed pnor to plat approval, buf would have to be completed pnor to ►ssuance of any budding perm►ts for new homes Water Supplv The City of Tigard (Phone (503) 639-4171) provides public water service in the area of this site This service provider should be contacted for information regarding water supply for your proposed development Fire Protection CITY OF i16ARD Pre-Appllcatlon Co�erence Notes Page 3 oi 6 Fnglneering DepartmeotSectloo Tu�latin Valley Fire and RE �e District (South Division) [Cont� Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection Storm Sewer Improvements All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed Submit a storm dramage plan for any new lot Each new home musf have piped drainage fhat leads to an approved drainage system (pipe, roads�de ditch, nafural dra►nageway, etc) Storm Water Qualitv The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No 00-7) which requires the construction of on-site water quality facilities The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces The resolution contains a provision that would allow an applicant to pay a fee m-lieu of constructing an on-site facility provided specific critena are met The City will use discretion in determining whether or not the fee in-lieu will be offered if the fee is allowed, it will be based upon the amount of new impervious surFaces created, for every 2,640 square feet, or portion thereof, the fee shall be $210 Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application It is anticipated that this pro�ect will require ❑ Construction of an on-site water quality facility � Payment of the fee in-lieu Pay fee for new lot(s) only, and payable at t�me of bu►Id�ng permit issuance Other Comments All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible 1) No more than one�oint dnveway shall be approved for th�s development TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Tra�c Impact Fee (TIF) ordinance The Traffic Impact Fee program collects fees from new development based on the development's pro�ected CIT110F n6ARD Pre-Applieatloo CoNerence Notes Page 4 of 6 fngloeerin9 Uepartmeot Seetlan im�act upon the City's trans, ation system The applicant shall I �quired to pay a fee based upon the number of trips which are pro�ected to result from the proposea development The calculation of the TIF is based on the proposed use of the land, the size of the pro�ect, and a general use based fee category The TIF shall be calculated at the time of building permit issuance In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000 00 Pay fee for new lot(s) PERMITS Engineering Department Permits Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department There are two types of permits issued by Engineering, as follows Street Opening Permit (SOP) This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines This work may involve open trench work within the street The permittee must submit a plan of the proposed work for review and approval This type of permit requires a non-refundable $150 00 fee In certain cases, where City costs may exceed the $150 00 fee, an administrative deposit will be required In addition, the permittee will be required to post a bond or similar financial secunty for the work Compliance Agreement (CAP) This permit covers more extensive work such as main utility line extensions, street improvements, etc In subdivisions, this type of permit also covers all grading and pnvate utility work Plans prepared by a registered professional engineer must be submitted for review and approval This type of permit requires a deposit to be submitted with the construction plans The amount of the deposit depends upon the overall value of the public improvements The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engmeer to perform the pnmary inspection of the public improvement construction work Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing The permittee is responsible for the work until such time written City acceptance of the work is posted NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to releasc of any permits from the Building Diuision t Building Division Permits CRY OF i16ARD Pre-Appllcatlon CoNerence Notes Page 5 ot 6 Fnglneedog Oepartmeot Seetloo The fiollowing is a brief ove n► of the type of permits issued b� � Building Division For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext 304 Site Improvement Permit (SIT) This permit is generally issued for all new commercial, industrial and multi-family pro�ects This permit will also be required for land partitions where lot grading and private utility work is required This permit covers all on-site preparation, grading and utility work Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site Building Permit (BUP) This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit Master Permit (MST) This permit is issued for all single and multi-family buildings It covers all work necessary for buiiding construction, including sub-trades (excludes grading, etc ) This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City For a land partition, the applicant must obtain an Engineenng Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit Other Permits There are other special permits, such as mechanical, electrical and plumbing that may also be required Contact the Development Services Counter for more information I GRADING PLAN REQUIREMENTS F0�SUBDIVISIONS All subdivision pro�ects shall require a proposed grading plan prepared by the design engineer The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20% This information will be necessary in determining if special grading inspections will be required when the lots develop The design engineer will also be required to shade all structural fill areas on the construction plans In addition, each homebuilder will be required to submit a specific site and floor plan for each lot The site plan shall include topographical contours and indicate the elevations of the corners of the lot The builder shall also indicate the proposed elevations at the four corners of the building PREPARED BY s � o� ENGIHEERIN6 D ARTMENT STAFF Phone t5031639-4179 Fax. [5031684-1291 i �nrUemplates�preap notes eng dot Revised Apnl21 2000 CITY OF T16ARD Pre-Appllcatlon Co�erence Notes Page 6 of 6 EnelnaeNoe oeuermient seetloo Routing Order: • ' Surveyor: JRH Development Review Engineer BR FINAL PLAT REVIEW CHECKLIST Plat Name: Ervin/Stark Partition Case Number(s): MLP2002-00002 Address/Location: 11385 SW Fonner St Contact name and phone: John Stark 503/544-6840 Date Received: 8/19/02 Date Forwarded to City Surveyor: 8/22/02 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity []� ;�'�� ❑ 2. Curve, comer, cul-de-sac radii [� � 3. Dedication, vacation, easement conveyance � � 4. Residential Survey Certificate match the map []� ❑ 5. Two Monument Ties to City GPS [� [� Comments: �;rsf � �c�se aefed T� ,'ce oN 5�c� veyo�s Ce� f�'����w��{ g : ���► , 8 - Z6- oz Y Surveyor's Signature Date Page 1 of 1 �:��,�„�,��-,�da Revision Cate:1/tA1 + w Routing Order: 1. Current Planning: BK 2. Building Plans Examiner DJ 3. Engineering Tech I ST 4. Development Review Engineer BR FINAL PLAT REVIEW CHECKLIST Plat Name: Ervin/Stark Partition Case Number(s): MLP2002-00002 Date Received: 8/19/02 Date Forwarded to Current Planning: 8/22/02 Planner: Brad Kilby Planninq Division Check if Check if Considered Okay 1. Phase boundaries [�' � 2. Lot and/or tract size and configuration [a' 0 3. Lot numbers [� � 4. Access restrictions, reserve strips ❑ ❑ 5. Condition of Approval Satisfied � �� 6. Public & Private streets (location, width, etc....,) ❑ ❑ 7. Preliminary Plat approval date - 1 yr period OK Q 0 8. Special Deed Restrictions (CC&R's) ❑ ❑ 9. Open Space (Deed or Dedication) 0 �\' � 10.SPECIAL SETBACKS ARE Other Comments: �p°�d �'`^f v Q j e�> j�o� o� ��►rt s�o�l� r���r -Eo apEN s�ace -s�ae�c q,r uoN _ gu�Ida�le veSe�La� C�n n��O/'f ^ 1, l � �F��t�ion �a, t� jd I'hEr �i� Qu)/1¢� 0� �MCCf .? S�iov/� �n0��¢�1r�9nd ('`G•n�en qnC�P C V�MSw P/q��l�t.r . T�ee y� �"'a� ' Planner's ignature ate ' FORWARDED TO BUILDING DIVISI . ate Page 1 of 3 �:�wM.e���-w�da Revisian date:1!1/01 BUILDING DIVISION Comments: f7� i ✓a f C f� , �( r� �'v� y. �d � r w�. j �`" ��'lit u� � � r �� (�' A � � � gy; �-� f �-�' 6 -a2 Buildi Dept. Signature Date FORWARD TO ENGINEERING DEPARTMENT (Attn.: Engineering Tech/Engineering Records) Date ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable ❑ Assign Address(es) ❑ Address Fee : .��=. lots @ $30.00/lot = $ w� _ � [j' Update City-wide maps ❑ ❑ Comments: I� / r I', '� � 1 ` 9 �' � �.ii I ���EC. ✓ ` ; . �l L By: � Engineering ech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER =TG� - Date Page 2 of 3 i:�erqpm.aeNfimavn-pet.aa Re�isbn Cate:1/tA1 t Returned to Surveyor for Correction BY: � � � � DATE: � � bZ E-mail to County Surveyor: "�K to review" BY: /� DATE: � 02_. Corrections Reviewed and Approved BY: S`r DATE: o Forwarded for City Signatures BY: �— �s'� DATE: 16� I-1 �oZ Copy of Signed Plat Made and Put in File BY: �'�l SI DATE: /��i,����� Released to Developer for Recording BY: ���Sl DATE: l v�j�'�o� Authorize Eng. Tech I to release addresses BY: � DATE: �v�����L Copy of Signed Plat to Permit Techs BY: P�1� DATE: �0�����G� Lognote: OK to take in building permit apps. BY: DATE: Page 3 of 3 i:brp�prv4e WomnVkf pIN.dd ReNSion dale:1/ti01 4 �'`' ` � wasn n Counry Oregon 2002-131356 � �1 11106f2002 01 23 03 PM ; D-R1B Cnta1 6tna3 T EAKIN SZO 00 SB 00 S11 00 Tota1=i37 00 , After recording, return to � ; City of Tigard — Records Division 13125 SW Hall Blvd 00188971200201313860040045 Tigard, OR 97223 �J�rty Heneon Dlnetor of Aaseeem�nt and Taxatlon and Ez-Offlelo County Clerk for Washlnpton County do hsnby esrtlythat th��nAthln In�trumsnt ofwrltlnp � ms rocNwd and neord�d In the boqk of neords of q uld eouMy ,�y,�,���E�,,;�g,py� l � I JsrryRHaneon Direetorbl-IteseeementandTazatlon E:-0Mclo County Clerlc RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) - THIS AGREEMENT is entered into this 22"d day of August 2002, by the Citv of Tigard, a Municipal Corporation of Washmgton County, Oregon, ("CITY"), and John Stark and Kim Ervin, ("OWNERS") RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in No MLP2002-00002 dated Mav 25, 2002, and WHEREAS Chapter 18 810 of the TMC (Tigard Municipal Code) contains certam conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18 810 IN CONSIDERATION of the mutual promises, convenants and undertakings, and the issuance of a buildmg permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows Section 1 The real property sub�ect to this Agreement is described as follows I 7. Parce/s�'and�of Part�t�on Plat No 2002-084 , recorded as Document No 2002131353 . Wash►ngton County, Oregon OWNER agrees that the terms of this Agreement shall bmd the OWNER as well as its �f heirs, successors in interest or assigns �� Section 2 The improvements covered by this Agreement are as follows SW Fonner Street Half-street improvement ad�acent to the sub�ect property to meet the City minor collector standard Restrictive Covenant (Future Street Improvements) Page 1 of 4 Re�.i�..bn Wte 1/1/01 i��oo�o 2002-131356 Section 3 This Agreement shall be m full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards m effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events (1) when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger pro�ect to be constructed by a third party and mvolves the sharing of design and/or construction expenses by the third par+y owner(�) of property in addition :o the property d�scnbed m Sec:ion 1, or (4) when construction of the improvements are deemed to be appropnate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements described in Section 2 In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may anse by application of the Reimbursement Distnct Ordinance, Chapter 13 09, TMC, or any similar ordmance or law providing a process whereby such expenses are distnbuted among benefited properties Section 5 OWNER agrees to sign any and all waivers petitions consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washmgton County, or the CITY as may be proposed or adopted and to waive ali nght to remonstrate against the improvements listed in Section 2 above, submitted either alone or in con�unction with other improvements descnbed m Section 4, as may be proposed OWNER agrees that m lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property descnbed in Section 1 agamst formation of such a Local Improvement District OWNER covenants and agrees that the improvements descnbed in Section 2 wdl specially benefit OWNER'S property as descnbed in Section 1 Section 6 If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the nght to protest only the amount or the manner of spreading the assessment, but not the formation of such distnct Section 7 CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such pro�ect, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER wdl promptly pay OWNER'S share of the cost of such improvements OWNER'S share will be determined by CITY m a manner similar to spreadmg the cost of a public improvement to specially benefited properties The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included withm the pro�ect Restnctive Covenant (Future Street Improvements) Page 2 of 4 ReWSbn date 1/1ID7 2002-131356 (1) Except as otherwise provided in subsection (2) of this section, pnor to constnaction of such improvements under th�s section, OWNER shall be provided not less than six (6) months wntten notice by first class mail that the pro�ect will be built The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER'S share of the costs Failure to provide this "six month" notice �n advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months Upon completion of improvements pursuant to this Section, CITY shall provide wntten notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice The installment option shall be available only if the OWNER provides " written notice dnd the first payment within 60 days of the notice If the mstallment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear interest at the rate of one and one-half(1 %z%) per month from the date the payment is due until paid (2) Where the improvements listed m Section 2 are constructed by a third party, who seeks reimbursement m accordance with the Reimbursement Distnct Ordinance, Chapter 13 09, TMC, or a similar ordmance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section Section 9 At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER's obligations under this Agreement City shall use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restnctions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burcien upon the property descnbed in Section 1 The parties agree the CITY may, for purposes of recovenng the cost of improvements descnbed in Section 2, levy an assessment against the property, descnbed in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the prope�ty imposed by this Agreement Section 12 CITY may enforce the terms of this Agreement in any court of competent�unsdiction In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced Restrictive Covenant (Future Street Improvements) Page 3 of 4 RM51on Eate 1/1I01 I I �I I III� 2002-131356 Section 13 If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attomey's fee to be fixed by the tnal and appellate courts respectively Section 14 The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validiry of the remainmg terms and provisions shall not be affected, so long as this agreement contmues to reflect the intent of the parties The parties shall negotiate an equitable ad�ustment of this agreement so that the purposes of this agreement are effected OWNER S) �� �i� _ .��� r �' �� V Signatu Signa re / Jo A Stark Kim N Ervin ame (Pnnt or Type) Name (Pnnt or Type) Owner Owner T�tle (Pnnt or Type) Title (Pnnt or Type) Acknowledgment of OWNER'S signature(s) must be notanzed Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors STATE OF OREGON ) County of �-�.A��.A'r►�f+5 ) On this ll St day v� A'ks�us� , 20 o y , before me a Notary Public, i�hn A S+z�-rk. a.�d I�►�, �l. �r✓,n personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed ���� Before me JANICETRACY ota Pubiic fo reg ,f NOTARI(PUBIIC-OREGON COMMI3310NNO 3assas My commission expires �� ��, 7.��� MY COMMISSION EXPIRES SEPTEMBER 09,2005 'C�. 20o Z Accepted on behalf of the City of Tigard this��day of D��b�-✓ , � i Q �• „�vt.•..� City Engineer NO CHANGE IN TAX STATEMENT ��, Restrictive Covenant (Future Street Improvements) Page 4 of 4 RevnanEate 1/1/Ot R�Z'RUN�COItD�D DOCUMFNT TO� w�� l�0 _ CPFV�LL��AB3 DEPA ��r�, "`�'��°" 2002-q�034q ` � CITY OF TIGARD 08/2 2 09 37 01 AM 13125 SW H811 B1Vd D-0D Cnt�1 8tnsg RECORD81 i1S 00 ie 00 S11 00 Totalos�2 00 Tigard,OR 97223 INDNIDUAL 00187981200201103410030037 I Jerry Flwon Dlnetorof Ass��em�nt�nd T�aetlon �nd Ea-ORlelo County CI�rN for4lhshlnpton County do h�nby e�rtlrythat th�wly��n�nKrym�nt of wrttlnp vn�netivod and neord�d In th�boQk M neorda of FileNo M� ?�e2.'cooeZ oudoo��,ey �y,�,_��A�,� •S • J�rry R Henson DlnetorDf�Aueeim�M�nd Tu�tlon Ex�O}flelo Courrty CI�rN ` DEDICATION DEED FOR ROAD OR STREET PURPOSES . Space above reserved for Washington County Recordtng informa � �1��" � • �0u�� does hereby dedicate to the public a perpetuai nght-of-way far street�road, and uhlity purpoeae�s,over, acrose,und�r, alon�,e�d within!�e tbilovv;��dsscrlbed real property in Washingtan County,pro�on, Attached Fxh�b�t"A" �'o ha�ve�it�to hbld tke above-described�d dedi��ted rlghts unto the public forever for uses and purposes hereinabove stated The grantors hereby covenant that they aze the owner m fee simple and the property is free of all liens and encumbrances, they have good and legai nght to grant their nght above-descnbed, and they will pay all taxes and assessments due and ovv�ng on the property The hue considerahon for tlus conveyance is $0 00 However, the actual considerahon consists of or includes other property or value given or promised wtuch is the whole considerahon IN WTTNESS WHEREOF,I hereunto set my hand on tivs�day of ,20�� � S1�ie� Signature � o . . � . . ������ Tax Statement 1�Iailmg Address Property Address O�. `T� �a�-� OR, STATE OF OREGON ) )ss County of Waslungton ) Tlus mstrument was acknowledged before me on q ��D Z (date)by �JC� v� �-� � � �v.�.i-�— (name of person(s)) OFFICIAL SfJ1L - i -- l:��� ICAR�P1 BRACKNEY ��,� NOT,�.RY PUBLIGOF�EGOH No s Signature ��/ CO�tr41iSIGi�!NO 323482 t,fY CC'�S`!SS'�)N�XPIR.ES MAY 18 2003 My Conurussion Expu�es c� �L _ Accepted on behalf of the City of Tigard tlus �r�day of, S.s..�p�'�-»�W-r 20°Z- Q P- ��..�. rty Engineer I1ENG1Publle fortnslDedleatlon�eedROW Indv dM t � �.�Ci11�1"t � LEGAL DESCRIPTION Right of Way Ded�cat�on A tract of land located in the Northeast one-quarter of Section 3, Township 2 South, Range 1 West, Willamette Mend�an, C�ty of T�gard, Washmgton County,Oregon, being a part of that certa�n tract of land conveyed to Verne M Fonner by Deed recorded m Page 179 of Volume 83 of Washington County, Oregon, Deed Records and more parricularly descnbed as follows Begmn�ng at a point m the center of County Road No 495,(SW Fonner Street), which pomt of begimm�g is reached by beginning at the quarter corner on the North line of Sectton 3, Township 2 South, Range 1 West of the Willamette Mendian, and rumm�g thence South 00°53'00"West along the North and South center itne of said Section, 2216 S feet co an iron p�pe, theace Nortn fs7�4Ts"o East atong the centerlme of said county road 236 3 feet to the TRUE POINT OF BEGINNING of the herem descnbed tract of land, thence North 02°12'24" East,20 00 feet to the Southeast Corner of Partition Plat 1997-080, thence North 00°55'37"East along the easterly lme of said Partit�on Plat, 5 00 feet, thence leaving said easterly line,North 87°47'36"East 100 15 feet to the West lme of Humbolt Creek Estates, Book 97, Page 42 Wash�ngton County Plat Records, thence South 00°55'O1"West along the West lme of said Humbolt Creek Estates 5 00, thence South 02°12'24"West, 20 00 feet to the center of sa�d County Road No 495 (SW Fonner Street), thence South 87°47'36" West along the sa�d center lme 100 15 feet to the place of beginning, contaimng an area of 2,497 square feet, more or less including the existtng publ�c nght-of-way of County Road No 495 Ex i�es 12 31 03 REGISTERED PROFESSIONAL LAN D S U RVEYO Gt,l,*� - ���' OREGON JUIY 12 2000 DAVEN E COATE 52735LS 2002-110341 ' ' � �iCH/B/T MAP F0/9 Cf.�.1�a�-t A 2002-110341 p�0/CA T70N �EE� LOG4TED /N Th/E NE 1/4 OF SEC710N 3, � TOWNSH/P 2 SOUTH, R4NGE 1 WEST, , E W/LL4ME7TF M£R/DUW, C/TY OF T/G�4R0, �39 W�4SH/NGTUN COUNTY, OREGON ��Z 3� I � � August 1, 2002 � NORTNWEST CORNER HUMBOLT CR£EK ESTAI�S ' SOUTH UNE PLAT I OF W.4L/VUT GROIE BOOK B0, PACE 14 � ^ "�i = � 3m Ex i�es 12 31 03 � � o REGISTERED PROFESSIONAL � $ � LAND SURVEYOR N W ° � o '� � � ca� � � Po�ce/ 2 of OREGON ^ R Document No DAVENY E ZCOATE � 2 2002-004047 Q�µ 52735LS �� _ �i� �' v�' � I � �� ,,aar�,t, o�,£—o�ccv�,F,Q a I 1 0 GtiIR/VER SL�7110W 3 � �� � � � � / � � � N h h � / � S 87°47 36" W � f00 13 h o � � o � N � � Po�ce/ 1 of b � Document No � $ � 2002-004047� � �' n r� h y � ^ � o o � � SL� G1AR11/E1Z P.�IRL'L�Z 1 � � � S 00°55'O 1" W Point of P.IR7111nW P1�i�T � � 5 00 Beginning � ���-� 1 � 5 00 �oo �5 N 8T°47 36 E N 02°1?'24' W S 02°12'24" E 20 00 --� S B7�47.�6" W 20 00 (COUNTY ROAD NO 495) — True Point � / �oo �5 �„ — N 8T°47.36' E 23s.� of Beginning � �gN/ �tf' ed -Da©ao2 Lora Garland From: Todd Prager Sent: Wednesday, May 23, 2012 3:37 PM To: 'Phillip Pahlisch';Albert Shields Cc: waltknapp @gmail.com;Jeff Service; Dan Nelson Subject: RE: MST2012-00085 Attachments: SKMBT_C45212052315310.pdf Phillip, Yes, unfortunately I was unable to find another option here. Attached is the Voluntary Compliance Agreement that should be signed and paid. The fees are coded in ARB2012-00008 for when you come in to return the form and pay. Dan could you please let Phillip know how the plan review is progressing? Thanks, Todd From: Phillip Pahlisch f mailto:phillipp @pahlischhomes.coml Sent: Wednesday, May 23, 2012 2:59 PM To: Albert Shields Cc: Todd Prager; waltknapp @gmail.com; Jeff Service Subject: Re: MST2012-00085 Todd Sounds like our only option is to pay the fine and remove the tree. Please let me know how to proceed? I was also hoping we could see how Dan is coming with the rest of the plan review. Thanks 2011 &2012 NW Natural Street Of Dreams Builder Phillip Pahlisch Regional Director(Western OR) Pahlisch Homes, Inc. 4800 Meadows Rd, Ste 300 Lake Oswego, OR 97035 c 541.948.0684 o 503.534.3554 f 503.534.3552 PhillipP PahlischHomes.com ccb#42067 (OR) lic#PAHLIH915J3 (WA) From: Phillip Pahlisch To: Albert Shields <albert( tigard-or.gov> Cc: 'Todd Prager' <todd @tigard-or.gov>; Walt Knapp <waltknapp@gmail.com>; Jeff Service Sent: Sat Apr 28 01:03:32 2012 Subject: RE: MST2012-00085 Hi Albert 1 Jeff Service with Pahlisch Homes will help get this done next week. if you do not mind I told Jeff he can contact Todd if he has any questions because I am out of the country and I would like to get this going and not wait until my return. We will work with Walt Knapp again on this project 2011 & 2012 NW Natural Street Of Dreams Builder Phillip Pahlisch Regional Director(Western OR) Pahlisch Homes, Inc. 4800 Meadows Rd, Ste 300 Lake Oswego, OR 97035 c 541.948.0684 o 503.534.3554 f 503.534.3552 Phil IipPAPahlischHomes.com ccb#42067(OR) lic#PAHLIH915J3(WA) Check out our new homes in NW Portland www.BantonPark.com facebook From: Albert Shields fmailto:albert@ticiard-or.gov] Sent: Friday, April 27, 2012 1:37 PM To: Phillip Pahlisch Subject: FW: MST2012-00085 Phil, please see Todd's email below about revisions needed on the site plan for our review of 14540 SW 82nd Ave, Tigard. Please call if you have any questions. Albert Shields Albert Shields City of Tigard • Program Development T I G A R D Specialist Albert@tigard-or.gov (503) 718-2426`�v'ork (503)624-3681 Fay From: Todd Prager n_..a_.. Sent: Friday, April 27, 2012 9:27 AM To: Albert Shields Subject: MST2012-00085 Albert, I am reviewing lot 1 of the Pac Rim Partition, and need the following revisions prior to my approval: 2 1. Need to show street tree species,size, and location per the approved plan for the partition. 2. Need to show the preserved trees and tree protection (to scale) per the approved plan for the partition with a signature of approval from the project arborist. 3. Need a report from the project arborist that the tree protection is in place per the approved plan. Biweekly arborist reports will be required until final inpection. Todd Prager,AICP, Cert. Arborist Associate Planner/Arborist City of Tigard I Community Development 13125 SW Hall Boulevard Tigard, Oregon 97223 www.tigard-or.gov Phone 1 503.718.2700 Email I todd@tigard-or.gov DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules"City General Records Retention Schedule." 3 Grove, Mueller & Swank P.C. MEMORANDUM To: City of Tigard Audit File FYE June 30, 2006 From: Ryan Pasquarella Date: June 6, 2006 Subject: Permits System Description System: The permits department is using a system separate from Springbrook called Tidemark. As of now, this software does not interface with Springbrook and cash receipts are manually entered into Springbrook. Per conversation with Dianna Howes, the Permits system runs as follows: Someone needing a permit comes to the counter where a permit technician will input their information into Tidemark and determine what type of permit is needed. If it is a simple permit,one of the five permit technicians will enter the data, collect the money and issue the permit. Approximately 15 other employees have the ability to input permits and collect money as a backup to the permit technicians. See management point #23 on w/p 106. If the project is complex, the technician enters the project data into Tidemark and collects an initial plan review fee, which is based on the project valuation. Each customer receives the permit and a copy receipt for the payment made. Money collected is placed in one cash drawer along with a copy of the receipt given to the customer. The permit then goes to the plan examiners for review. After reviewing the plans they input data relating to building codes,fee information and fixture counts into Tidemark. The examiner manually calculates the permit cost using a Plan Check Fees form. The total on the form is agreed to the permit total in Tidemark. Once the plan review is complete and the totals are agreed it is given back to the permit technicians for client notification and collection of payment. Dianna is the system administrator for the Tidemark software. She is the only one in Community Development allowed to change rates and post adjustments in the permit database. No employee currently has the ability to backup this position. See management point#24 on w/p 106. Dianna is also a backup for cash receipting. There is a lack of segregation of duties, Dianna can receipt cash and also make adjustments to the system. See management point#25 on w/p 106. Rates have not been updated to reflect the latest resolutions amounts. The City is in communication with Tidemark technicians to update the system. Currently, rates are being hand calculated using a Permit Fees Chart notebook located at the front counter. Permit fees are overwritten by the permit technicians in Tidemark as needed. Security rights within the Tidemark software are restricted based on job function. To ensure that cash and checks equal the balance of the daily cash receipts report,a reconciliation is done each day by one of the permit technicians. The permit technicians rotate this duty from week to week. There is a lack of segregation of duties,the permit technicians receipt the cash and reconcile the cash drawer. See management point#26 on w/p 106. The money is counted and entered on a F:\CI ient\55820\carryforwards\systems\cashrec.wpd Cash Drawer worksheet. It is then compared to a daily Balance Sheet Report printed from Tidemark. Once any discrepancies are corrected,the money is than put into a locking bank bag and stored in a safe until Finance picks it up the next morning. Multiple people have access to the safe and bag key. Custody of the cash is not kept intact until it reaches the Finance department. See management point#27 on w/p 106. Larger customers can also set up trust accounts to prepay permits and fees to the City. The customer fills out an application and makes in initial payment. The trust is then set up by Dianna and additional prepayments can be received by the permit technicians. Monthly,the Tidemark system and Springbrook are reconciled to ensure accurate account balances for each trust account. Controls • Each customer receives a copy of the receipt when payments are made. • Daily reconciliation of all amounts posted to permit database to money deposited. • Automatic calculation of permit fees by software based on various criteria. • Access rights within subsidiary system are restricted based on job function. • Plan examiners manually calculate permit totals and agree it to Tidemark totals. • Trust accounts are reconciled monthly with Springbrook. Areas of Concern The Tidemark system currently does not have the ability to print a daily cash receipting report which lists cash receipted in relation to a specific permit number. This limits the review and oversight of the cash receipting process by management. It also limits the ability to trace payments on a specific permit to a certain date. See management point#28 on w/p 106. Date: 6/14/06 From: Dianna Howse Please make amendments to the previous paragraph as follows: The Tidemark system does have the ability to print various daily cash receipting reports, including the ability to print a list of all receipts transactions with the corresponding permit number. The Tidemark system also has the ability to trace payments for a specific date within the Cashier program,and it can trace payment information through the Advantage program for a certain permit number. F:\Client\55820\carryforwards\systems\cashrec.wpd VOLUNTARY COMPLIANCE AGREEMENT . r May 23,2012 TIGARD Phillip Pahlisch Pahlisch Homes,Inc. 4800 Meadows Rd,Ste 300 Lake Oswego,OR 97035 RE Tree Removal on Lot#1 of the Pac Rim Partition(14540 SW 82nd Ave.,Tigard,Oregon 97224);Case No.MLP2002- 00002 and ARB2012-00008 I,Phillip Pahlisch,as responsible party for Lot#1 of the Pac Rim Partition(subject property)which is in the City of Tigard,State of Oregon,and County of Washington,agree to the terms,conditions,and remedies set forth below and duly promise to comply fully with them. Violation/s: On May 23,2012 the city received a request from Phillip Pahlisch to remove a tree on Lot#1 designated to be retained by the Pac Rim Partition Tree Preservation Plan.The subject tree is identified as tree number 302,a 48 inch diameter western red cedar,and the applicant has indicated it will be too close to proposed construction detailed by permit number MST2012-00085.Pursuant to TDC 18.790.060.C,the illegal tree removal fee is$12,000 including.a$0 civil penalty(waived due to voluntary compliance),a$6,000 fine for mitigation($125 x 48 caliper inches)and an additional$6,000 fine as a proxy for the assessed value of the tree($125 x 48 caliper inches). I/We hereby agree to the following terms: 1: Submit a signed copy of this compliance agreement to the city;and 2: Pay$12,000 in fines,pursuant to Tigard Development Code(TDC)Chapter 18.790.C2,to the City of Tigard. I /We also understand and agree that: ✓ Permit number MST2012-00085 will not be released until full compliance with the terms and conditions of this agreement. ✓ So long as this agreement is in force and the above timelines are met,the City will withhold further legal or enforcement action regarding these violations and upon compliance with all the above conditions this case will be closed without penalty. If the timelines are not met or if the progress demonstrated is deemed by the City in its sole judgment and discretion to be inadequate the City may immediately reinstate enforcement and/or legal proceedings including service of a Summons and Complaint. ✓ No additional extensions or modifications or alterations of this agreement will be granted. ✓ Failure to comply with any of the terms of this Voluntary Compliance Agreement constitutes an additional and separate infraction. ✓ It is our responsibility to ensure that all aspects of this agreement are completed on time,regardless of weather conditions, contractor and/or consultant schedules,processing time requirements,or any other occurrence that could potentially cause an unauthorized delay resulting in failure to meet the mandated compliance deadline. ✓ This agreement is solely intended for the facilitation of the issues and violations addressed above. The City is not obligated or bound to offer agreements for any other violations. This agreement shall not be considered setting a precedent for any other case or matter. 13125 SW Hall Boulevard,Tigard Oregon 97223• 503-639-4171 • www.tigard-or.gov Page 1 of 2 Date: [Phillip Pahlisch,Respondent] Date: (Name,Responnddent] tf�li?it/" Date: fl 3 ,20,'"), Todd Prager,For City of Bard i City of Tigard Staff Contact: Todd Prager Phone:503-718-2700 Email:Todd @tigard-or.gov 13125 SW Hall Boulevard,Tigard Oregon 97223• 503-639-4171 • www.tigard-or.gov Page 2 of 2